Short answer: a brand can use a trending sound on TikTok only if that exact recording is in TikTok's Commercial Music Library for the region the post runs in, or if the brand has licensed it directly from the rights holders. "Everyone is using it" is not a licence, and in 2026 the major labels have been suing to make that point.

Not legal advice. This article is general information based on public platform terms and court filings. Allegations in lawsuits are claims, not findings. For a real campaign, talk to a music-licensing lawyer.

Want to check a specific song first? Our free Can brands use this song? tool shows who released a track, which platform business libraries could cover it, and links straight to each official library so you can confirm.

Can a brand account use the normal TikTok music library?

No. TikTok's own business help page says "businesses cannot use the general music library for commercial usage" and points them to the Commercial Music Library (CML) instead (TikTok Ads Help). TikTok describes the CML as a pre-cleared library of about 1 million songs that businesses can use for organic posts, video ads and branded content.

Two details people miss:

  • The library changes by region. TikTok's how-to page tells you to "select the region where your campaign will run in order to find music available in that region" (TikTok Ads Help). A song cleared for your US campaign may not be cleared for your UK one.
  • You won't see the whole catalogue at once. The same page says up to 10,000 Commercial Sounds can be displayed at a time. If a sound doesn't appear in a search, don't assume it's missing, and don't assume it's there because it was there last month.

On a Business Account, tapping Add Sound shows only CML sounds. On a personal account you have to pick "Commercial Sounds" from the Sounds dropdown yourself, which is exactly where creator partnerships go wrong: the creator's default view is the full library.

What do the 2026 label lawsuits actually allege?

They allege that brands, and the creators they pay, used major-label music in promotional posts without licences. Here is what has been filed and reported, with the claims worded as claims.

CaseFiledWhat is allegedStatus
UMG, Concord v. QuinceApril 2026, N.D. Cal.67 recordings and 71 compositions used in TikTok and Instagram posts; reposting paid influencer content with the music swapped for label tracksOpen, allegations
Sony Music v. KrogerAugust 2026, C.D. Cal.At least 392 unauthorised uses across Kroger's own uploads and influencer videosOpen, allegations
Warner v. EssilorLuxottica companies9 Oct 2026, S.D.N.Y.427 songs and recordings in Facebook, Instagram, TikTok and YouTube postsOpen, allegations
Warner v. CrumblApril 2025, D. UtahAt least 159 recordings and compositions in TikTok and Instagram videosSettled 2026, terms undisclosed
Sony v. DSWAugust 2025, C.D. Cal.122 Sony recordings in 170+ video promotions by the retailer and its influencersSettlement in principle filed Aug 2026

Sources: Digital Music News on Quince, Digital Music News on Kroger, Law Commentary on Luxottica, Digital Music News on Crumbl, Music Business Worldwide on DSW. We keep a live, docket-linked list on our label lawsuit tracker.

None of this started in 2026. Sony sued Marriott in 2024 alleging at least 931 infringements, mostly in hotel social posts and paid influencer content, and dismissed the case with prejudice five months later without disclosing terms (Digital Music News). UMG sued Chili's owner Brinker in 2024 over 62 social videos (Bloomberg Law).

What do these cases teach that a normal "music rules" post doesn't?

Four patterns sit inside the filings, and they matter more than the headline numbers.

1. Having label licences for some ads doesn't cover everyday social posts. Sony's complaint says Kroger previously held at least fourteen licences with Sony between 2017 and 2025 for advertising use (Digital Music News). A brand that clears music for TV or paid campaigns can still be exposed on the social team's day-to-day posts. The licence covers what it names, nothing more.

2. The repost is a separate act. The Quince complaint alleges that the brand reposted influencers' paid content after replacing the original music with copyrighted tracks (Digital Music News). Whatever the creator did, the moment your brand account posts or re-edits a video, it's your upload.

3. Notice letters make it worse. Quince was notified in September 2024; Kroger in June 2025; Marriott, per Sony, in January 2020. Labels cite earlier notices to argue infringement was wilful, which is what opens the door to the statutory maximum of up to $150,000 per work (Law Commentary). If a demand letter arrives, the posting habit has to change that week, not next quarter.

4. Old posts still count. Sony argues Kroger clips uploaded more than three years ago are actionable because it sued within three years of discovering them (Digital Music News). Deleting nothing and hoping time runs out is not a plan. Auditing your back catalogue is.

If a creator picks the song, is the brand still liable?

It can be. The clearest ruling is older: in UMG v. Vital Pharmaceuticals (Bang Energy), a Florida federal court found in 2022 that Bang's right to audit influencer videos before posting, together with its ability to refuse payment, was enough to show "control" for vicarious liability (Arnold & Porter). The claim still needed proof of financial benefit, which the court did not decide on summary judgment.

The non-obvious part: the contributory claim failed because there was no evidence Bang chose the music, and Bang's social media guidelines didn't prohibit copyrighted music at all. The same approval step that brands add to protect themselves is what helped establish control. That doesn't mean "stop reviewing". It means the review has to include music, in writing:

  • Put the audio rule in the brief: original audio, a CML track on TikTok, or music you have licensed.
  • Make "music source" a field the creator fills in before payment.
  • Refuse payment for videos that break the rule, and keep the record.

Sony's Kroger complaint also brings a contributory claim on the theory that the brand drove its influencers' use of the music (Digital Music News). A brief that says "use a trending sound" is the kind of document that theory looks for.

Does a TikTok-cleared sound work on Reels or YouTube?

No. TikTok's Commercial Music Library terms say you "may only post or share videos that include Commercial Sounds within TikTok" and that "Commercial Uses outside of TikTok are not permitted and no rights are granted by TikTok for such uses" (TikTok CML User Terms). The same terms let TikTok take down or mute a video if it loses the rights to a sound.

Each platform has its own equivalent, and none of them travel:

PlatformBusiness-safe optionWhere it stops
TikTokCommercial Music LibraryTikTok only, region-specific
Facebook / InstagramMeta Sound CollectionMeta's apps; Meta's Music Guidelines prohibit other music for commercial or non-personal use without a licence
YouTubeYouTube Audio LibraryYouTube says tracks won't be claimed through Content ID, but it can't give guidance on issues off the platform

So a TikTok cut-down that also goes to Reels and Shorts needs either three platform-specific audio tracks or one directly licensed track. We go deeper on this in Commercial Music Library vs licensed sounds.

How do you check a song before you post it?

Use a two-minute routine:

  1. Identify the recording. Type the title and artist, or paste a TikTok sound link or a YouTube link, into our song rights check. It uses open MusicBrainz data to show the release and the label behind it, including whether the label rolls up to one of the three majors. That tells you who you'd be dealing with, not whether you're cleared, and it doesn't claim to know every song in the TikTok, Meta or YouTube business libraries.
  2. Search the platform's business library, in the region you're posting in. Our result links straight to the official CML guide, Meta Sound Collection and YouTube Audio Library, because none of the three publishes a list we could legally copy.
  3. If it isn't there, license it (both the recording and the composition: the Quince suit was brought by labels and publishers) or switch to original audio.
  4. Write the rule into the creator brief, and add the music check to your approval step.

If you're running a creator campaign anyway, a pay-per-view model makes the rule easier to enforce: on Content Rewardz, brands set campaign requirements, including the audio rule, and only pay for verified views on submissions that meet them.

FAQ

No. TikTok's business help pages say businesses cannot use the general music library for commercial use and should use the Commercial Music Library. On a Business Account, Add Sound only shows Commercial Music Library sounds.

Is my brand liable if an influencer adds the song, not us?

It can be. Sony's suit against Kroger and UMG's suit against Quince both point to influencer videos, and in the 2022 Bang Energy ruling the court found a brand's right to review videos and withhold payment met the control element of vicarious liability.

Not on the strength of TikTok's library. TikTok's Commercial Music Library terms say commercial sounds may only be used within TikTok and that commercial uses outside TikTok are not granted.

How far back can a label go?

In the Kroger complaint, Sony argues clips uploaded more than three years ago are still actionable because it sued within three years of discovering them. Old posts are not automatically safe.

No. This article is general information. For a specific campaign, speak to a qualified music-licensing lawyer.

Sources