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The idea that “If the audio trended on Instagram it is safe to use commercially” may be a dangerous illusion for smaller businesses and brands. While there may be licensing agreements for individual or personal profiles, they do not usually cover the commercial accounts or pages.
When managing my clients’ pages, we make it a rule not to use any trending songs, if their posts show any potential commercial value – except when my clients have paid licenses from Epidemic Sound and similar sites. Why risk the copyright problems?
While most of the creators think that they are small fish and no one will sue them, the copyright protection systems are becoming smarter and faster every day. It is only a question of time before the issue will arise. The best course of action is always to make sure you have an authorized library of assets to work with from the very beginning.
