Nobody wants their Instagram account banned, especially for something as simple as playing their favorite music. If you’re interested in using copyrighted music on Instagram, it can be challenging to discern fact from fiction. Some sources state that users are free to use any music content, as long as they give credit to the artist. However, Instagram’s ever-changing rules leave users confused about how they can properly use copyrighted music on Instagram. 

Instagram’s rules may be subject to change, but music copyright law has remained relatively consistent over the years. In this blog, we’ll break down how copyright law relates to music and a few ways that you can use copyrighted music on your Instagram account.

What Is Music Copyright Law?

Artists need to make money from their music, and the law states that music- makers need payment for their work.  As a result, Instagram has strict regulations that limit which copyrighted material users can add to their posts. However, some social media platforms come to agreements with the rights- holders and pay them a flat rate so that users are  free to use their copyrighted content.

Since musical compositions are not a tangible object, artists and record labels are able to own and protect their work because it is considered intellectual property (IP). A music copyright determines who has legal ownership over a sound recording or musical composition and gives the creator of a work to redistribute and reproduce it. In addition, the copyright owner/holder has licensing rights that allow them to earn royalties. As per copyright law, there are only a few instances where an individual can use IP without the owner’s permission:

• Licensed Use occurs when a person obtains the right to distribute or use copyrighted music. People pay a licensing fee to use a musical composition in commercials, internet videos, or another visual medium.

• Fair Use is a legal doctrine that allows a person to use copyrighted material without the copyright owner’s permission. In the U.S., copyright law states that the fair use exception to copyright applies to “criticism, news reporting, teaching, comment, scholarship, or research”

How to Use Copyrighted Music on Instagram

On Instagram, users are allowed to put music in the Instagram Stories, so as long as music usage isn’t limited in their country. They can also put music in their Instagram Reels using the built-in music library. If you’re posting to your Instagram Timeline, you can use copyright music protected by copyright ifas long as your music clip is short, you provide the artist with credit, and there is a visual component to your video.

You can only use certain copyright music in Instagram Live videos. When you’re using music on Instagram Live, full-length recorded tracks may result in the restriction of your account. Live performances of artists are allowed on Instagram Live, so they’re the safest option available.

Although viewers can only see  Instagram Live videos at the moment they’re streamed, you’re still subject to copyright laws. If you’re playing recorded music on your Instagram Live, you’ll receive a pop message that asks you to turn off music. If you do not comply with the message, Instagram will mute or stop your Instagram Live video.

If Instagram ever blocks your content—, and you believe it may be due to your use of copyrighted music—, go to the notification menu to confirm this information. You’ll have the option to appeal the ban on your content. If you fall on the right side of copyright law, Instagram will remove the restrictions on your account, so you can post as you please.

Know the Laws with LegalFix

Whether you want to know how to use copyrighted music on Instagram or are hoping to learn more about how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and use the free search and information tools to better understand the state and federal laws that affect you. Just visit LegalFix.com to find all this content — and check back often for more valuable legal products and services coming soon.