Using Music Features on Instagram for Promotion Can Infringe Copyright?

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With the Instagram Reels feature, Instagram users have other options for displaying videos, apart from the IGTV and Instagram Story menus. The difference is, Reels has a maximum duration of 1 minute.

In launching Reels in Indonesia, Instagram also released another feature called Instagram Music. This Instagram Music feature allows users to embed songs in a customizable style into the Instagram content they want to create. The music feature in Instagram can also be embedded in Stories, which is commonly used by Instagram users to share stories. This Instagram Music feature can also be found in the Story editing menu. In this Instagram Music, there are many audios ranging from domestic to foreign songs.

Instagram is indeed one of the social media that is often used by many online sellers because Instagram can be used as a promotional medium in more or less the same way as personal use.

Instagram Stories are one of the perfect features for business content marketing. Even though it only lasts for 24 hours, Instagram Stories are an excellent feature for running promotions. According to Business Insider, more than 200 million people use Instagram Stories every day. This means this one feature is an ideal place for promotion.

This music feature is also usually used as an addition to promotions carried out by business people on Instagram. But can the use of music for commercial posts such as advertisements for online shops be categorized as copyright infringement?

In listing the use of music in its application, Instagram must have obtained a license from the creator or copyright holder of the song in question. And of course, in the license made between Instagram and the creator and/or copyright holder, there must be a special clause that regulates the extent to which users can use Instagram Music features.

The rules regarding the use of this music are also included by Instagram in the terms of use which stated that “People use our Products to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products. Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.”

Instagram provides the ability for users to share content with their family and friends. However, the user remains solely responsible for the content posted, including any music featured in that content. However, the presence of this feature does not mean that Instagram authorizes or legalizes music licenses for any content created.

More specifically, Instagram states that the use of music for commercial or non-personal purposes is PROHIBITED unless you have obtained the appropriate license.

From these terms of use, it can be interpreted that Instagram does provide features that can be used by its users, but the user is fully responsible for the content created. Especially if the use of the music is used for commercial purposes without obtaining a license or permission from the creator and/or copyright holder of the music used.

The use of Insta-Story as a promotional media is a natural thing considering its strategic use. However, it must also be understood that in the case of using other people’s content or works for commercial purposes, it is necessary to consider whether the copyright owner will feel disturbed and harmed or not? And be ready for the consequences if the creator and/or copyright holder feels disturbed. For example in the form of a ban to the deletion of posts that we have made or maybe even royalties for use.

The previous article also discussed a copyright dispute case that arose due to the use of the music feature on Instagram, namely the case between Sony Music and the sportswear company Gymshark, where the company was sued because its influencers used popular songs without permission.

If Partners require further information regarding licensing or legal use of music, please do not hesitate to contact us via It is our pleasure to assist you.


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