Why strategic music licensing is a core part of modern brand storytelling

By Emil Albihn Henriksson

In my role working closely with brands and creators, I’ve seen firsthand three strong trends converging: the explosion of videos across brands’ and influencers’ channels, music’s emergence as a cultural differentiator for content, and a sharp increase in copyright enforcement. 

Technology in general and generative AI in particular are accelerating these trends, supercharging everything from content creation to copyright identification and enforcement tools, new platforms, generative AI music, and ultimately infringement litigation. 

At the same time, content success is often reliant on the soundtrack: nearly half of music fans say the music used in a TikTok influences their perception of a product and 94% of creators say music contributes to content success.

Music licensing has become one of the most critical, and least understood, elements of modern brand storytelling. All those involved – not just lawyers – need to understand it.

The result is clear: it’s never been easier and more important to create compelling content, but it’s never been riskier to publish it.

High-stakes liability

Brand liability for music-licensing missteps can quickly spiral into the millions or even hundreds of millions. Recent years have seen major lawsuits: Sony sued Marriott, Warner Music Group sued Crumbl, and Universal Music sued Chili’s. And we hear firsthand of many more claims behind the scenes.

A complex and fragmented music rights landscape is creating challenges for content creation at scale on social media. Issues often arise from sponsored partnerships with influencers who personally use music from in-platform libraries or other sources. Brands might assume the music risk sits with the creator, but legally and practically, the brand itself becomes the target.

Now, artificial intelligence is accelerating risk in two specific ways that brands cannot afford to ignore:

1. Music recognition technology: AI is fueling new, sophisticated content identification systems that can scan years of archived content. Rights holders can pinpoint at scale both the historical and current usage of their music online. This is leading to lawsuits and legal actions, with plenty more likely on the horizon.
2. Fully AI-generated music: It’s now possible to create full tracks from scratch with generative AI, but issues around ownership, training data, authorship and future regulation remain unsettled. This uncertainty itself is a risk: as courts and regulators catch up, we’re likely to see a continued rise in copyright disputes, takedowns and commercial disruption.
   
   

Beyond the lawsuit

The risks don’t end there for those that don’t nail the music licensing. In today’s crowded digital landscape, disruption to online campaigns can be devastating. 

Video has become the prime content format: on LinkedIn, watch time has grown 36% YoY, while video posts are shared 20 times more. Brands are now recommended to post online content over 10 times every day across owned social channels. Investing in online content and campaigns is both critical and expensive, placing substantial commercial pressure on video performance.

A music copyright claim doesn’t need to reach the courtroom to have major impact: that meticulously-planned, expensive video campaign can quickly be muted, demonetized, or removed by automated rights enforcement systems. Moreover, false claims are frequent, particularly on high-reach brand channels.

Resolving these issues can also bring unexpected, additional costs. And as video overtakes text as the leading citation source for LLMs, content disruption can have a detrimental impact on general brand visibility.

What determines the damage is not only whether a claim is made, but how fast it is resolved so the content campaign doesn’t fall at the first hurdle. Epidemic Sound's in-house digital rights management team resolves wrongful claims directly with the platform so brands don't have to. The offering also shields from any unexpected PRO fees hitting the balance sheet, and, of course, guards from infringement lawsuits.

Clear (don’t fear) IP

Music IP laws exist for a reason: at the core, they’re about protecting artists’ right to make money from their talent and craft. They are, arguably, more important now than ever. 

Epidemic Sound strongly believes both in protecting and empowering our artists, and in the mutual benefit and peace of mind that comes from clarity. Clear guidance for brands on how music can be used to elevate their online content; clear rights and remuneration models for artists to earn and thrive.

Music unquestionably enhances brands’ ability to connect with culture. As the content ecosystem continues to grow further in size and complexity, the key question facing brands is how can music be used responsibly at scale in online storytelling.

From a legal perspective, those that acknowledge music licensing as a strategic matter will be far better positioned as enforcement tightens, regulation evolves and technology continues to reshape how content is created and distributed.

How brands respond now will shape not only their exposure, but the sustainability of their storytelling in the years ahead.