A 15-second reel could land your brand in court

New Delhi: Music has always been a key ingredient in advertising. It adds flavours of emotions, builds recall, and gives brands a sonic signature that often outlasts visuals. 

Be it jingles that get attuned to our consciousness or movie songs repurposed, marketers have long used music to create a deeper connection with consumers. And for good reason. According to music licensing platform Hoopr, the right music can drive a 25–35% uptick in content performance. 

As brands gradually move from 30-second TV commercials to 15-second reels, the rules and the risk around music usage have changed drastically. With short-form content taking precedence, where trends shift daily and creators and influencers push out thousands of videos in real time, music licensing has become a minefield. 

Brands chasing virality often overlook copyright protocols, mistakenly assuming that a short duration or social media platform automatically makes a track “free to use.” This false sense of immunity is now putting brands, creators, and agencies on the legal radar.

A ticking compliance clock 

Making sense of the matter, Gaurav Dagaonkar, Co-Founder and CEO, Hoopr, shared staggering numbers in the context of the lack of copyright oversight in India’s booming content landscape. According to Dagaonkar, nearly 1 million units of branded content are produced by more than 80,000 brands and 5,50,00 creators every month. 

“87% of this lot infringes copyrights, leading to a colossal Rs 8,000 to Rs 10,000 crore loss annually for the Indian music industry. Artists themselves are losing out on up to Rs 900 crore in unpaid royalties,” he said. 

A top executive of a renowned label in the music industry, who requested anonymity, identifies it as a grave problem. “A major issue is brands using music from platforms like Instagram or YouTube Shorts, assuming it’s free for commercial use. These platforms license music only for user-generated content, not brand campaigns. 

But many brands still use it without proper licensing, which is clear copyright infringement. We often have to send takedown notices or reach out to platforms to block the content. It’s a growing problem,” the executive told BestMediaInfo.com. 

The label, upon identifying an infringement, does send notices, and if there is no response from the brand or the creator, a request is made to the platforms, such as Instagram or YouTube, to block the content. 

“But this is time-consuming and costly, and the ROI is low. By the time we catch it, the brand might’ve already benefited from using the song for months,” the executive from the global label said.

Vetting this legally, Sushant Chaturvedi, a Delhi-based legal professional who specialises in media laws, said, “Using music from YouTube/Instagram libraries doesn’t automatically license it for commercial use or branded content.” 

He further clarified that even a 15-second Reel needed both a sync license (pairing music with visuals) and a master-use license (using a specific recording) if it was commercial. 

Chiming in, Rajkumar Varier, legal counsel associated with multiple media houses, said, “The mere popularity or viral nature of a track does not amount to it being in the public domain or available for commercial use. 

When such tracks are used in branded content or influencer campaigns, the use becomes commercial in nature, thus necessitating prior authorisation by way of licensing. Usage without licensing would result in civil and criminal consequences.”

Legal landmines

Varier explained that when brands endorse or amplify content, whether created by influencers or user-generated content (UGC), that includes unlicensed music, they risk being held liable for copyright infringement. 

“The rights holder may resort to remedies such as civil remedies of cease and desist, injunctions, damages, takedown from YouTube, Instagram, etc. The rights holder may even resort to criminal remedies under the applicable provisions of the Copyright Act of the Bhartiya Nyay Sanhita.” 

Dagaonkar stated, “When influencers deploy these tracks without proper licenses, brands can be held directly liable for copyright infringement, facing severe consequences that include costly lawsuits, immediate content takedown requests, and substantial financial sanctions.” 

Penalties, in such cases, typically range from Rs 2 lakh to Rs 5 crore, varying based on the extent, duration, and commercial nature of the infringement across platforms.

“Major music labels are aggressively pursuing legal action, setting expensive precedents that underscore the dangers of non-compliant campaigns. Notable examples include Sony Music's recent petition in the Bombay High Court against Myntra, claiming Rs 5 crore in damages for various copyright breaches,” Dagaonkar told BestMediaInfo.com.  

Bridging the compliance gap

Despite the complexity, experts agreed that compliance need not derail creativity or budgets. They advised treating short-form content as one would any other asset and obtaining sync and master licenses for any track featured in paid or sponsored posts. 

“To safeguard against copyright violations, brands should include clear contractual clauses requiring creators or influencers to use only music that is original, properly licensed, or royalty-free,” said Varier.

He added, “They must also seek warranties and indemnities from the influencer, confirming that all third-party intellectual property used in the content is appropriately licensed and does not infringe any rights.” 

Chaturvedi insisted on pre-approval of all music before content is published. He suggested brands request proof of licensing wherever third-party music is used. 

Elaborating on the precautions, Chaturvedi said, “For long-term collaborations or repeat campaigns, periodic audits should be conducted to ensure ongoing compliance. 

In cases where licensing is geographically or platform-specific, appropriate geo-fencing and platform-fencing measures should be implemented. If licensing payments are not feasible, obtaining a No Objection Certificate (NOC) from the titleholders is essential to mitigate legal risks.”

Safe scroll and swipe

When brands go the right way, the ROI is worth it. As Dagaonkar mentioned, marketers, when they employ popular and trending licensed music, experience 25–35% higher engagement rates, better brand recall, and greater emotional resonance with audiences. 

“Licensed music, particularly popular Bollywood and regional songs, enables brands to develop culturally appropriate and memorable content that resonates broadly,” Hoopr’s CEO said. 

And when it comes to digital-first or digital-only branded content, the licensing game is even easier to play. As Dagaonkar explained, “Licensing music for digital-only branded content offers significant cost advantages over traditional linear or TV campaigns. 

The nature of digital platforms often allows for narrower usage rights, shorter licensing periods, and the applicability of micro-licensing models.”

Another thing to factor in is that brands can trade off between licensing a popular track versus investing in original composition for branded content. According to Dagaonkar, brands determine the trade-off by balancing short-term effects from popular songs and long-term value and ownership of original works. 

“Popular songs have high recall but can raise licensing fees by as much as 80% and have usage limitations, so they are less suitable for scalable or multi-platform campaigns. Original works, on the other hand, provide full rights, creative freedom, and improved ROI in the long term, particularly for brands creating a consistent sound identity.” 

Royalty-free music is yet another desirable choice for brands that want to stay away from legal trouble. But there also exist a few checkpoints. 

As per legal experts in the field, when using royalty-free tracks, it is critical to carefully review the licensing agreement to confirm that it permits commercial use, modifications, and redistribution. 

In the case of music sourced from indie or regional artists, brands should always execute written agreements that clearly define the scope of usage rights, including duration, territory, and exclusivity. 

This proactive approach helps minimise the risk of facing unexpected high licensing fee demands if the use is later discovered, while also reducing the likelihood of inadvertent copyright infringement.

Ultimately, the very agility that makes short-form content so attractive also demands rigorous legal discipline. 

As digital-first storytelling becomes the norm, brands must reconcile the allure of a catchy 15-second reel with the uncompromising mechanics of copyright law. And in today’s lightning-fast content ecosystem, that single truth could determine whether a brand’s next reel becomes a hit or a headline.