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Using music is an essential part of any business in 2025. It can enhance your product in a unique and impactful way, elevating your marketing strategies and brand identity. For more insights on how to protect your creative assets, check out our legal advice for startups.
However, it isn’t as straightforward as it might seem.
Having a Spotify or Apple Music account alone doesn’t give you the right to use a particular piece of music for business purposes. For instance, Spotify clearly states that the music included in a standard account is for “personal, non-commercial use” only, although they now offer a dedicated business option for commercial needs. This means that playing a song at a public function would not be permitted under a standard account’s terms, whereas playing music at a strictly private function is generally acceptable.
What Is Copyright?
When a piece of music is created, a bundle of legal rights and obligations is automatically assigned from the moment of creation. These rights-described comprehensively under copyright law-control how the music may be reproduced, performed, communicated, and otherwise used. In Australia, the Copyright Act 1968 (as amended) still governs these rights in 2025, ensuring that both the musical composition and its sound recording are protected. For further context on the interplay between various intellectual property rights, you might find our discussion on trade-mark versus copyright useful.
In essence, copyright gives the creator exclusive rights to copy, publish, communicate, and publicly perform their work, while simultaneously reserving these rights from being granted by others without appropriate permission. Therefore, if you intend to use a piece of music-whether its recorded version or its lyrics-you must secure the necessary clearances from all the relevant copyright holders.
How Can You Use Copyrighted Music?
Identifying who can grant you permission to use copyrighted music is often a complex endeavour. In most cases, there is more than one copyright owner involved. For example, a single piece might have a composer, a lyricist, an artist who performs the music, and a record company that owns the sound recording. The complexity increases when large record companies are involved, as they may have rigorous procedures or even decline permission altogether. Our Creative and Entertainment team is well-equipped to help you navigate these multifaceted negotiations.
Permission to use a song can sometimes be easily granted via a simple email or conversation in exchange for monetary compensation. However, when multiple parties hold rights, you may need to negotiate with each individual or organisation, which can become both time-consuming and costly.
Fortunately, there is a less financially burdensome alternative. You can purchase a music licence that suits your business needs. As of 2025, many music licences have evolved to offer flexible packages-whether you’re hosting a one-off function or require ongoing commercial use. Purchasing such a licence not only simplifies the process by covering multiple copyright holders but also protects you against any infringement under the Copyright Act 1968. Sprintlaw can help you identify the licence that best aligns with the intellectual property you wish to utilise.
Using Music On Social Media
The same copyright rules apply when you use music on social media. If you include someone else’s music without proper permission, you risk breaching their copyright. Platforms such as Instagram, Facebook, and YouTube are vigilant about removing content that infringes on intellectual property rights. In contrast, platforms like TikTok operate under a series of licence agreements with artists, granting their users certain rights to use music legally-more details on this can be found here.
How Is Copyright Infringed?
Copyright is infringed when:
- You communicate an original work to the public,
- You are not the author of the work, and
- You have not obtained permission from the author (for example, through a licence).
For example, if you create an advertisement or social media post that uses a copyrighted song without securing permission in advance, you will be infringing upon copyright. Similarly, recording an event that includes a copyrighted track and then posting that video online may also constitute a breach of copyright laws.
Penalties for copyright infringement have been updated in 2025, with fines now reaching up to $70,000 for individuals and up to $350,000 for corporations. In addition, serious breaches may result in injunctions, damages, and even imprisonment for up to 5 years. Enforcement can also include on-the-spot fines-now around $1,500-and the seizure of any equipment used in the infringement.
How Can I Legally Use Music?
While buying a licence or obtaining permission from each copyright holder is a tried and tested method, there are a few alternative pathways available to ensure your use of music is lawful.
Indigenous Music
Not all music is subject to copyright restrictions. Traditional Indigenous music, for instance, is generally not covered by copyright, given that it has been transmitted across generations. If your organisation wishes to feature traditional songs, it is crucial to engage with the relevant Indigenous group for permission to respect cultural protocols and ensure ethical use.
‘Expired’ Copyright
Copyright protection in Australia lasts for the life of the creator plus an additional 70 years. By 2025, numerous works created before the mid-20th century have entered the public domain, offering you a cost-effective avenue to incorporate recognisable and classic music into your content without the need for expensive licences.
Royalty Free Music
An increasingly popular option is to use royalty free music. This type of music requires no ongoing payments once the initial licence fee has been paid. However, do remember that many royalty free tracks come with conditions, such as the need to credit the source-as is the case on sites like Bensound. For a comprehensive overview of reputable royalty free sources, have a look at this curated list of royalty free music sites.
Create Your Own Music
If you have the capability, creating your own music is another excellent option. However, be cautious when sharing your original content on digital platforms. For example, uploading your music to Facebook could inadvertently grant the platform a broad licence to use your work in various ways. It is important to have a lawyer review the terms of service of any platform before you publish your content.
Some platforms, such as Facebook and Instagram, offer curated libraries of music where usage is pre-approved for the site’s purposes. However, these licences come with specific conditions-for instance, Facebook’s terms stipulate that the provided music must remain unaltered and can be removed at their discretion. Before relying on these options, it’s a smart move to have one of Sprintlaw’s lawyers review the applicable terms.
Additional Considerations in 2025: As the digital landscape continues to evolve, staying compliant with copyright and licensing regulations is more critical than ever. Advances in streaming technology and regulatory updates mean that businesses must regularly review their music usage policies. Scheduling periodic consultations with legal experts, such as those at Sprintlaw’s Intellectual Property department, can help ensure that your music licences and permissions remain up-to-date. For further guidance on managing your business’s legal risks, our article on legal essentials for startups is highly recommended.
Need Help?
If you’re a small business owner or digital content creator, it’s inevitable that music will play a key role in your branding and marketing strategies. Understanding which music you can legally use-and the potential consequences of infringement-can be challenging.
At Sprintlaw, we’re here to help you navigate the legal complexities of this creative space, as well as manage the intellectual property challenges that come with it. Don’t hesitate to call our team on 1800 730 617 or email us at team@sprintlaw.com.au for a free, no-obligation chat!
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