Playing Music In Your Content: How Can You Avoid Breaching Copyright? (2026 Updated)

Adding music to your Instagram Reel, YouTube video, podcast episode, online course or TikTok can instantly lift the mood and make your content feel more “professional”.

But music is also one of the fastest ways to stumble into copyright trouble - often without meaning to. The tricky part is that the rules can change depending on where you post, how you use the music, and whether you’re promoting a business.

This guide is updated to reflect how content creators and small businesses are actually using music in 2026 - across short-form platforms, podcasts, ads and brand collaborations - and what you can do to stay legally protected from day one.

What Copyright Protects When You Use Music

When people say “copyright in a song”, they’re usually talking about more than one right. In New Zealand, copyright is governed primarily by the Copyright Act 1994, and it can protect multiple parts of what you think of as “one track”.

Most music use involves at least two separate copyrights:

• The musical work (the composition) - the melody, chords and lyrics (usually owned by songwriters and their music publishers).
• The sound recording - the specific recorded performance (often owned by a record label or the artist).

That matters because you may need permission for both rights depending on what you’re doing.

Common Ways Content Can “Use” Copyright Music

You don’t need to upload a full song to create risk. Copyright issues can come up in everyday situations like:

• Adding a trending audio track to a Reel that promotes your business.
• Using a popular song as intro music for a podcast.
• Including background music playing in a café or gym while you film.
• Using a track under a voiceover for an online course or paid ad.
• Sampling a small part of a recording in your own audio.

Copyright infringement usually isn’t about your intent - it’s about whether you used protected material without the right permission (or without a valid exception applying).

Do You Automatically Have Permission If You Found The Song Online?

No - and this is where creators and small business owners get caught out.

Just because a song is easy to access (on Spotify, YouTube, or “free download” sites) doesn’t mean you have the legal right to reuse it in your own content.

In practical terms, you generally need the right permission when you:

• Synchronise music with video (often called a “sync” use).
• Reproduce or copy music into a file (including embedding it into a video you upload).
• Communicate the music to the public (for example, publishing it online).
• Adapt the music (remix, edit, mash-up, or sample).

“But It’s Only 10 Seconds” (And Other Common Myths)

A few misunderstandings show up again and again:

• Myth: “Short clips are fine.” There’s no automatic “10 second” (or “30 second”) rule in NZ copyright law.
• Myth: “I credited the artist, so it’s allowed.” Credit is good practice, but it doesn’t replace permission.
• Myth: “I’m not making money from the video.” Copyright can still apply even if you’re not directly monetising the content.
• Myth: “Everyone uses this audio.” Popularity doesn’t equal permission - it can just mean the platform has a licence (or people are taking the risk).

Some creators look to “fair use” concepts they’ve heard about online, but those rules vary by country and aren’t a one-size-fits-all solution for NZ creators. If you’re publishing to YouTube, it’s also worth understanding the platform-specific issues around fair use claims (because even a “good faith” approach can still lead to takedowns or monetisation disputes).

How Social Media Music Libraries Work (And Where The Risk Is)

Most platforms offer built-in music libraries, but the legal protection you get depends on the platform, your account type, and how you’re using the content.

Think of it like this: the platform may have negotiated certain licences so users can add music within the app - but that doesn’t always translate to “you can use any song for any business purpose”.

Instagram Reels, Stories And Facebook

Instagram’s music features can feel “safe” because the tracks are right there in the app. But if you’re using music to promote a business, you should be careful about:

• whether you’re posting from a business account (some music functionality differs);
• whether you’re turning the content into an ad (paid advertising can trigger different licensing issues); and
• whether you’re repurposing the content elsewhere (downloading a Reel and reposting on another platform can change the rights position).

Even if a track is available in-app, your content can still be muted, removed, or restricted. If you’re building a brand on social media, it’s worth having a basic grasp of Instagram copyright rules so you can plan content with fewer surprises.

YouTube (Including Shorts)

YouTube is its own universe because of automated copyright detection systems (like Content ID), and because videos are commonly reused, monetised, and embedded.

Even when you’re not “in trouble” legally, a rights holder may still:

• claim your video and run ads on it;
• block it in certain countries;
• mute or remove the audio; or
• issue a takedown notice.

If your content strategy includes long-form videos, podcasts on YouTube, or paid channel growth, it’s smart to check the broader YouTube legal considerations that can affect your business, not just music use.

TikTok

TikTok is heavily music-driven, but the same core issue applies: platform access to a track doesn’t automatically mean you have unrestricted rights for commercial use.

This is especially relevant if you’re:

• creating content for a brand (UGC),
• posting from a business account, or
• boosting content as paid ads.

When your brand relies on short-form reach, it’s worth understanding the practical risks around TikTok copyright issues so you can avoid losing key content mid-campaign.

The Big “Repurposing” Trap

A very common situation looks like this:

You create a Reel using Instagram’s music tool, then download it and repost the exact video to TikTok, YouTube Shorts, LinkedIn, or your website.

Even if the first platform made the music available, that doesn’t automatically carry over when you export the video. From a risk perspective, repurposing is one of the biggest reasons creators get takedowns.

If you want cross-platform consistency, it’s often safer to use music you’ve properly licensed (or music that’s genuinely cleared for your intended use).

Practical Ways To Use Music Legally In Your Content

So what can you do if you want your content to sound good and stay on the right side of copyright?

Here are the most common “safer” pathways.

1. Use Licensed Royalty-Free Music (But Check The Licence)

“Royalty-free” doesn’t mean “free”. It usually means you pay once (or subscribe) and then can use tracks under the terms of the licence.

Before you rely on a royalty-free library, confirm:

• Commercial use: does the licence allow use in business marketing content?
• Paid ads: does it cover use in Meta/Google/TikTok ads?
• Platforms: does it allow use on YouTube, podcasts, websites, apps?
• Broadcast: does it extend to TV/radio if you grow into that?
• Editing: can you loop or cut the track?
• Attribution: do you need to credit the creator?

If you’re using music as a repeatable brand asset (like intro/outro music for a podcast or long-term series), it can be worth formalising your rights in a Copyright Licence Agreement so you’re not relying on unclear “platform terms” later.

2. Use Commissioned Music (Get The Ownership Clear)

If you hire a composer or producer to create a custom track, you’re in a great position - but only if the contract is clear about who owns what.

Without proper terms, the creator may retain copyright and you might only have an implied or limited licence to use the music (which can become a problem when you scale, sell the business, or run paid ads).

For commissioned music, you’ll usually want to clarify:

• whether you own the copyright outright (assignment) or you’re getting a licence;
• whether the creator can reuse the track for other clients;
• whether the creator can register the music with collection societies (and how that affects your use);
• whether you can edit the track, create variations, or make “stings” and loops; and
• where you can use it (all platforms, worldwide, forever vs limited term).

This is also where it’s smart to get advice early from an Intellectual Property Lawyer, especially if the music will be core to your brand identity.

3. Use Creative Commons Music (Only If You Follow The Conditions)

Creative Commons (CC) licences can be a legitimate option, but they’re not all the same. Some allow commercial use, some don’t, and some require attribution or restrict remixing.

Before using a CC track, you should check:

• is commercial use allowed?
• is creating a video with the track considered a “derivative work” under that licence?
• do you need to credit in the caption, the video, or both?
• does the licence require you to share your work under the same licence?

If you’re unsure, don’t guess - it’s easy to be technically in breach even with a “free-to-use” track.

4. Keep Music Out Of Your Paid Ads Unless You Have Clear Rights

Paid ads are a high-risk zone because they’re clearly commercial and often scrutinised more closely.

If you’re running ads (Meta, TikTok, YouTube, Google), the simplest risk-management approach is:

• use music licensed for advertising, or
• use custom commissioned music, or
• use platform-approved ad-safe tracks (where available) and keep records.

If a campaign matters to your revenue, you don’t want it paused because an audio track is challenged.

Special Scenarios: Influencers, UGC, Background Music And Filming In Public

Copyright problems don’t only happen when you intentionally add a track in editing. Here are a few situations we see regularly with growing brands.

Influencer And UGC Campaigns (Who’s Responsible?)

If a creator makes content for your brand and uses trending music, you might assume “that’s on them”. In reality, the commercial outcome can land on your business - especially if you repost the video, use it in ads, or publish it on your website.

To avoid messy disputes, brand collaborations should clearly cover:

• who is responsible for clearing music rights (if anyone);
• whether the creator is allowed to use platform library music for a brand post;
• whether you can repurpose the content as paid ads;
• what happens if content is removed or muted due to copyright.

These points are usually handled in an Influencer Agreement, so everyone knows the rules before the content goes live.

Background Music While Filming (Cafés, Gyms, Events)

It’s surprisingly common to film content in a space where music is already playing - then later realise the video contains a recognisable track in the background.

Even if it’s “incidental”, it can still trigger platform detection and takedowns, and it can still raise legal issues depending on the context and how the video is used.

Some practical tips:

• Ask the venue to turn the music off while you film (even just for 2–3 minutes).
• Record clean audio and add licensed music later in editing.
• If you’re filming an event, plan your audio approach in advance (especially if it’s sponsored content).

Using Music In Online Courses, Apps Or Member Platforms

If you sell access to content (courses, memberships, paid programs), you’re operating in a more obviously commercial environment than casual social posting.

In that setting, you should be extra careful that you have the right licences for:

• intro/outro music;
• background music under lessons;
• downloadable video files (which are reproductions); and
• global access (because your customers might be overseas).

It’s also a good moment to make sure the rest of your digital legal foundations are in place, like your Privacy Policy if you collect customer data through sign-ups, payments or tracking tools.

What Happens If You Get It Wrong (And What To Do Next)

Copyright issues often show up in two ways: platform action and legal action. The first is more common, but both matter if you’re building a brand.

Platform Consequences

Depending on the platform, you may see:

• muted audio;
• content removal or takedown notices;
• account “strikes” or reduced reach;
• monetisation diverted to the rights holder; or
• ads disapproved (if you’re using the content commercially).

Even where you believe you have a defence, the platform process can be stressful and time-consuming - and it can disrupt campaigns at the worst time.

Legal Consequences

In more serious cases, a rights holder may contact you directly (or through lawyers) and demand that you:

• stop using the music;
• remove content;
• pay a licence fee (sometimes backdated); and/or
• pay damages or legal costs (depending on the situation).

Not every complaint escalates, but it’s important to treat these issues seriously and respond carefully.

What To Do If You Receive A Copyright Complaint

If you get a takedown or complaint, don’t panic - but don’t ignore it either.

A sensible approach is usually:

1. Preserve evidence (screenshots of the claim, the URL, any licence documents, invoices, or emails).
2. Check what music was used (including background audio you didn’t intentionally add).
3. Confirm what rights you actually have (platform library, royalty-free subscription, custom licence, etc.).
4. Avoid reposting the same content with the same audio until you know your position.
5. Get advice if the content is important to your business or the complaint involves payment demands.

If you’re unsure whether your use is covered by a licence or an exception, a Copyright Consult can help you assess risk quickly and plan your next move.

Key Takeaways

• Music usually involves multiple copyrights (the composition and the sound recording), and you may need permission for both depending on how you use it.
• Platform music libraries can reduce risk, but they don’t guarantee you can use any track for business promotion, paid ads, or cross-platform repurposing.
• There’s no automatic “safe length” rule - short clips can still infringe copyright.
• Safer options include properly licensed royalty-free music, commissioned music with clear ownership/licensing terms, and carefully checked Creative Commons tracks.
• If you work with creators or influencers, your agreements should clearly deal with music use and repurposing rights to avoid your campaign being pulled later.
• If you receive a copyright complaint or takedown, keep records, pause reposting, and get tailored advice before responding or escalating.

If you’d like help setting up the right licences or contracts for your content, or you’ve received a copyright complaint and need advice on next steps, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.