[Keeping Tempo With Music Biz] — Should Music Be Free For Brands on Social Media? Op-Ed by Larry Mills of Vobile
Should rightsholders really be going after brands for using music commercially online without a license? The answer is absolutely yes. I rage-baited you with the headline to get you fired up for what’s to come in this think piece, because the amount of copyright infringement by brands on social media should make you angry. And if you’re already angry, then it should make you take action. Every time I see a new music lawsuit against a brand, I feel both relieved that rightsholders are protecting their catalog and confused how brands are still infringing on music rights.
If there is one thing I’ve learned from tracking music on social media, it’s that there should be many more licenses for this music, or more settlements. What is it that stops rightsholders from protecting their catalog more fiercely? Is it the oversold notion that social media is providing good exposure for the music? A lack of internal resources? Not enough money in damages or a lack of data on who’s using music and where?
If it’s any of those reasons, I think rightsholders need to change their perspective. Here’s why.
On exposure…
Let’s talk about TikTok, Sound IDs, and streaming. We know rightsholders aren’t being credited for their music and that uploaders are manipulating audio and Sound IDs. We also know that while TikTok does drive people to stream music on DSPs, there’s also tons of fraud on streaming services that divert royalties away from rightsholders. So what is the exposure actually worth if the attribution isn’t there? Going after individual creators is not the correct move, but rightsholders should focus on commercial use infringement, because they lose so much more than they gain from major companies not licensing music.
On a lack of internal resources or data…
Technology is your friend. I have faith that one day the music industry will accept this. I know I come from a biased place considering the music technology company I work for has the tools to help rightsholders with this problem. But, we’re not the only ones with tech that some companies shy away from. Is a conflict of interest impacting rightsholders’ desire to audit brands for infringement? It shouldn’t. Everyone wins when copyright is respected, so use the tech available to you.
On the amount of damages (or revenue from licenses)…
With damages amounting to hundreds of thousands of dollars per infringement, it shouldn’t be that hard to justify protecting copyrights. Many brands are huge conglomerates with tens of companies under one umbrella, and all of them with multiple social media accounts. I’ve seen some companies with hundreds of accounts. Even if the money from settlements or licenses isn’t there for every brand, isn’t there something to be said about protecting the value of copyrights and making sure music licensing doesn’t fall to the wayside? I think there’s more on the line here than just what can be made from damages or licenses, especially as AI continues to grow and threaten copyright.
Lastly, on licensing vs. litigation…
I’m team licensing, to be clear. Sometimes litigation is necessary and that’s why we’re seeing more of it. But, I think what I’ve mentioned above is as strong of a case for licensing as it is for lawsuits. The tech, data and value are there and should spark conversations with brands about paying for the music they use to sell products and services. And if licensing negotiations fail, rightsholders should know that the tech and data are also here to support any necessary litigation. I hope we see more rightsholders fired up about unlicensed commercial uses going forward.
If you need help finding your catalog on major brand accounts, please reach out to me. My team is ready to show you what you’ve been missing.
Written by: Larry Mills, SVP of Sales, Vobile
You can read past Keeping Tempo articles via the portal linked here. And, stay tuned for more insightful discussions from our members and partners from across the industry!
