![]() Plus, let us be honest, all of these ‘influencers’ are promoting their own merch in the process. Or, a mad-about-meat BBQ guy is pushing grills for Home Depot. Maybe some amateur fashion commentator has been recruited by a well-known designer to peddle their products, for example. Perhaps an Instagrammer or TikToker with a large following has been sponsored by a big-name company to make posts promoting their brand. And they routinely are, by those, ambiguously known, as ‘influencers.’ However, Instagram and TikTok, as at least most of us know, can be used for commercial opportunities. This, of course, works well for Instagram stories and posts, as well as TikTok uploads The duration of a song being used must be brief.The music is attached to visual content.Credit to the creator(s) is featured within all content that it is published with.But through what is known as ‘fair use,’ those with strictly social accounts on these platforms can use the music from their favorite artists to bolster their uploads, so long as what it is they are uploading meets these requirements: ![]() After all, both Instagram and TikTok were originally created for personal interaction with peers as well as like-minded people the world over. ![]() The terms of service that both TikTok and Instagram users must adhere to and what they legally commit to by using these platforms are designed to ensure that copyright laws are upheld. Look at it this way: how would you like it if someone was making money using something you have created, when you have neither expressed permission for it to be used or even seen a cent of the profits for what it is used for? Those daring enough to do so could be sued by the owner of such content. This applies to anything from music and books right down to poems and computer programs. Put simply copyright law is what protects the ownership of intellectual property from being stolen, used, or repurposed in any way without the author’s consent. The Difference Between Using Copyrighted Content and Fair Use Keep reading to learn about this difference and how you can add music to your videos without paying fees or running the risk of your account being terminated. That is because there is a distinction in law that applies to copyrighted material and its fair use. But using it for your own commercial content as opposed to simply listening for enjoyment are two entirely different matters. The catalog of music at our disposal – both beloved and undiscovered – is endless and continues to grow every day. The problem Instagram and TikTok creators have on their hands is that they are not making the next Rocky, and to be fair: it is quite unlikely that you have Zimmer on speed dial ready to provide an OST to your cooking tutorials, no matter how original and exciting your recipes are. And even then, given the effort required to build a career through these platforms – you probably will not have the time to make a new tune for each short that you upload. Unless you are a talented music producer, you are likely going to experience some problems when it comes to adding original audio to your Instagram and/or TikTok videos. Think about it: would everyone’s favorite on-screen boxing hero Rocky look as awesome bounding up the stairs of Philly’s Museum of Art without that kick-ass theme tune? Would the cinematic impact of a Villeneuve or Nolan movie hit quite as hard without Hans Zimmer at the helm of the musical composition? Let us be honest: not quite.
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