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TikTok remains one of the most popular platforms for sharing all types of content-from memes and DIY videos to more professional productions. Since its rise during the 2020 lockdown, TikTok has evolved into a global phenomenon that shows no sign of slowing down in 2025.
Unsurprisingly, small businesses and influencers have been quick to capitalise on this trend. But what does its legal framework look like in today’s digital environment?
Platforms like YouTube have long been regulated with detailed guidelines around content use and copyright infringement, which makes sense when you’re managing vast libraries of personal and commercial content. So, what makes TikTok any different?
The simple answer is that it isn’t. TikTok remains subject to Australia’s copyright laws, although over the years its enforcement mechanism has become more refined now that the platform is more mature.
IP and copyright on TikTok is particularly intriguing. On one hand, the platform encourages collaboration through features such as stitches, sounds, and duets, allowing users to creatively reuse existing content with ease. On the other hand, improper use of copyrighted material-such as filming copyrighted audio or video playing on external devices-can still slip under the radar. In 2025, these grey areas continue to evolve, prompting ongoing discussion among legal experts and content creators alike. For additional insights on protecting your creative work, you might also want to read our article on protecting your IP with a trade mark.
Let’s go through how copyright actually works on TikTok today and how this affects businesses and influencers alike.
How Does Music Copyright Work?
Any platform hosting large volumes of organic content inevitably faces scrutiny over copyright infringement laws and royalty obligations. It can be challenging to determine when you’re infringing copyright, so it’s essential to understand how this is managed on TikTok.
So, What Is Copyright?
Copyright protects the expression of ideas rather than the ideas themselves, and this protection is automatic. As soon as an idea is fixed in a tangible form, it is protected under Australian copyright law-which means, you don’t need to register copyright in Australia to receive protection.
When you infringe copyright, intent is largely irrelevant. It’s important to review the Copyright Act 1968 to understand that even usage of a substantial part of a copyrighted work without permission can lead to a breach.
Copyright can be a complex area to navigate-if you ever need more detailed guidance, we’ve written extensively on the subject here.
Is Music Copyrighted On TikTok?
Generally speaking, the music available on TikTok can be used without the risk of copyright infringement. Why? Because TikTok has secured numerous licence agreements with artists and record labels, giving the platform the right to make this music available to its users-including businesses and influencers.
In 2025, TikTok’s licensing arrangements have broadened. The platform now offers a mix of popular tracks and exclusive compositions via its licensed library, ensuring that content creators can use these tracks safely under the terms of the licence agreements. As long as these licences are in place, users won’t face legal action for including the music in their videos.
Since its early days as Musical.ly, TikTok has continued to refine its approach. Notably, verified businesses now have access to a Commercial Music Library featuring royalty-free tracks, meaning that their options differ from those available to regular users.
Is It Legal To Use Songs In My TikToks?
Yes, it’s completely legal to use songs in your TikToks provided they’re selected directly from the app’s library. This is because TikTok operates under a Copyright Licence Agreement-or an IP Licensing Agreement-with music rights holders, enabling the use of their intellectual property in exchange for royalties.
These agreements often stipulate important details such as:
- Which countries will or will not have access to certain songs;
- The duration for which the music is licensed;
- Whether the licence can be revoked;
- How royalties are to be paid;
- If the music can be sub-licensed.
You can learn more about the specifics of Copyright Licence Agreements here.
Can I Add My Own Music?
- If it is your original music, then yes.
- If it is “copyright free” or “free for profit” music, technically yes-but it’s wise to tread carefully, as truly copyright-free music is extremely rare.
- If it’s someone else’s song that isn’t already available in TikTok’s library, then definitely no.
Technically, you can upload music that isn’t in TikTok’s approved library, but doing so carries the risk of breaching copyright. When you upload unlicensed music, it may be taken down, and repeated infringements could expose you to legal action-especially as TikTok’s enforcement policies evolve.
TikTok’s own Intellectual Property Policy makes it clear that posting, sharing, or sending content that infringes on someone else’s copyrights, trademarks, or other intellectual property rights is not allowed.
How Can I Avoid Copyright Infringement On TikTok?
Now that we’ve covered how copyright works on TikTok, it’s important to consider how you can avoid infringement. Before you hit post, ask yourself:
- Did the music come directly from TikTok’s library, or was it added separately? (Remember, even background music from a radio can breach copyright laws.)
- Where was the video filmed? (Certain locations, such as historical sites, may require permission for filming.)
- Who appears in your video? (You might need consent from individuals featured in your clip.)
- What images or footage are visible in your video? (If these belong to someone else, they are likely protected by copyright.)
Your safest option is to stick to sounds and music available on TikTok. If you’re a verified business, remember that you’re limited to using tracks from the royalty-free Commercial Music Library in accordance with the latest policy updates. For more on staying compliant with creative content, check out our guide on legal requirements for starting a business.
The key takeaway is simple: always ensure that the content you’re uploading is either your own original creation or material you have clear permission to use, such as through a formal licence.
If you’ve already published content on TikTok and suspect that someone has used it without permission, you can file a Copyright Infringement Report to have the material removed.
Who Owns My Video On TikTok?
If you create content, you own it-your TikTok videos are your property. However, be wary of TikTok’s End-User License Agreement (EULA), which grants the platform the right to distribute and share your content under certain conditions. We’ve written more about the implications of EULAs here.
I Use TikTok For My Business – What Legals Should I Consider?
If you’re a verified business using TikTok as part of your content strategy, it’s essential to keep in close contact with a lawyer to ensure you stay compliant with copyright laws and other legal obligations. In 2025, the regulatory landscape continues to evolve, so frequent legal reviews are key to protecting your brand.
To ensure that your creative work is properly safeguarded, make sure that your content is fixed in a tangible form-a requirement for copyright protection. While ideas themselves cannot be copyrighted, the way you express them can be legally secured.
If you’re an influencer on TikTok, it may be worthwhile to have an Influencer Agreement in place. Such agreements help clearly set out your rights and obligations regarding content use, copyright compliance, and payment terms. Influencer engagements are also governed by the Australian Association of National Advertisers (AANA) Code of Ethics, which outlines disclosure requirements for paid partnerships and other commercial arrangements. For further guidance, see our detailed discussion on influencer regulations.
Your Influencer Agreement should address issues such as:
- The scope of work – what content must be included, posting frequency, and pre-upload review processes;
- Content ownership – for example, you might consider a Deed of Assignment to clarify who owns the creative work;
- Copyright infringement responsibilities – what happens if there is a breach and who is liable;
- Payment terms – whether a Profit Share Agreement is appropriate;
- Clarification on employment status – determining whether the relationship is that of an independent contractor or employee;
- A non-compete clause to protect your business interests, as detailed in our Non-compete Agreement.
The Future Of TikTok
While platforms like YouTube have long refined their regulatory frameworks, TikTok remains relatively young in comparison. In 2025, though TikTok has grown into a dominant force in digital media, its copyright and intellectual property policies are still evolving to address emerging issues.
We don’t have a crystal ball to reveal exactly what changes TikTok will implement next, but recent legal disputes indicate that the platform is likely to tighten its policies. For instance, in one high-profile case, a creator behind a popular text-to-speech feature initiated legal action when her audio was repurposed beyond its originally agreed context, raising important questions about creative control and IP rights. Similarly, a dispute over a green screen feature-allegedly mirroring a patented technology from 2017-has sparked industry-wide discussion on the need for comprehensive IP protections on social media.
Looking ahead, it’s crucial for content creators and businesses to stay informed about these changes. Regularly reviewing your legal agreements and following updates in digital copyright law is essential. For additional guidance on maintaining compliance in a changing regulatory environment, read our article on Legal Requirements for Starting a Business.
Need Help?
In today’s fast-changing digital landscape, especially as we head further into 2025, it’s more important than ever to work with a lawyer who understands the intricacies of copyright and online content regulations. For personalised advice, check out our guide on How to Choose a Small Business Lawyer to ensure your interests are fully protected.
Sprintlaw has a team of experienced lawyers ready to help you navigate your legals-whether for TikTok or any other online platform. With copyright and IP becoming ever more important, especially in the realm of digital content, you can rely on us to clarify your rights and obligations.
You can reach us at team@sprintlaw.com.au or call 1800 730 617 for an obligation-free chat. And if you’re interested in exploring more about securing your business’s legal compliance, be sure to visit our Legal Requirements for Starting a Business guide for further insights.
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