Be careful with the use of songs

On social networks like TikTok: how you can avoid copyright problems.

Currently, TikTok is one of the most used social networks in the world. According to ByteDance Ltd.’s own reports, in March 2024 the platform had 1,582 million active users globally. For its part, in Colombia it has 27 million people who use it.

Faced with the large number of consumers who watch and upload content, a debate arises around the copyright of songs. Although Universal Music and TikTok signed an agreement for the use of musical works, there are still doubts about the limits it has.

According to the Digital 2024 Global Overview Report, massive access to the internet has made it difficult to control the unauthorized production of copyrighted music. Even resulting in immense losses for artists and recording houses due to piracy.

Likewise, it must be remembered that the legislation that currently regulates these aspects was created several decades ago. In this regard, lawyer and associate of Posse Herrera Ruiz, Juan Sebastián González indicated: 

“Technology, applications and advances that are now part of the routine force us to think that legislation must adapt. The legal challenges of 20 years ago are not the same as today and the current challenges will not be the same as those of two decades from now. The law must advance understanding the change of paradigms.” 

In addition, Copyright infringements committed by companies and advertising agencies when disseminating music have increased by more than 50% due to mere ignorance of the terms and conditions. 

The above puts them at risk of having to compensate the owners of the songs for unauthorized use of them. This can lead to significant losses. 

How to follow copyright law? 

To approach the use of musical works in a responsible and legal manner, González provided six recommendations to take into account when using social networks: 

1. Always check who is the owner of the music that you are going to use on social networks, this can be done by consulting with entities such as SAYCO, ACIMPRO and ACODEM. 
2. If you hire the services of influencers, agencies or artists, make sure you have designed with the help of a lawyer the clauses that protect you against a claim for unauthorized use of third-party rights. 
3. Monitor the deliverables of influencers or advertising agencies and always ask if they have used music, trademarks, illustrations and, in general, third-party rights. 
4. Read the terms and conditions of social networks. There you will find the rules of the game that will allow you to better understand the risks you expose yourself to if you publish audiovisual content without prior authorization. 
5. Remember that Law 23 of 1982 governs the country, which regulates the protection of copyright in Colombia, so it is important to obtain advice on how this regulation applies to you. 
6. Keep in mind that even though trends are fleeting, a single post can spark a legal controversy. That’s why always think with a cool head when it’s appropriate to spread something and when it’s not.