How to Avoid Copyright on TikTok

Nothing sinks that "I just posted a great video" feeling faster than a copyright violation notification. Suddenly, your sound is muted, your video is taken down, and all that hard work feels wasted. This guide will walk you through exactly how to avoid copyright claims on TikTok, covering where to find safe music, the proper way to use trending audio, and what to do with video clips you didn't film yourself.

Understanding TikTok Copyright in Simple Terms

Copyright law can feel complicated, but the core idea is simple: if you create something original, you own it. That applies to music, movie clips, TV shows, and even other people's TikTok videos. When you use someone else's creation without permission - or without a license - you're infringing on their copyright.

On TikTok, this usually pops up in two major areas:

• The Sound: This is the most common issue. Using a popular song as the background for your video without the proper rights is a direct path to getting your audio muted.
• The Visuals: The video content itself is also protected. You can't just upload a scene from your favorite movie or a clip from a sports game and expect it to fly. The creators and distributors of that content own it.

TikTok takes this seriously because they have to. Laws like the Digital Millennium Copyright Act (DMCA) require platforms to remove content that infringes on copyright when the owner reports it. By policing this, TikTok protects both itself and the original creators whose work fuels so much of online culture.

The Safest Bet: TikTok's Official Sound Library

The easiest, most bulletproof way to avoid copyright issues with music is to use the audio TikTok gives you directly. The platform has licensing agreements with major music labels, allowing users to add millions of songs to their videos without fear of a violation. However, how you access this library depends on your account type.

Creator vs. Business Accounts: Know Your Lane

TikTok splits its audio library into two distinct categories, and using the wrong one is a common mistake for brands:

• The Sounds Library (for Creator/Personal accounts): This is the massive collection of popular songs, from trending tracks to old classics. TikTok's licenses cover the use of these songs for personal, non-commercial entertainment. This is perfect for individual creators making fun, organic content.
• The Commercial Music Library (for Business accounts): This library is much smaller but one hundred percent pre-cleared for promotional or commercial use. Every song in this library has been specifically licensed for brands to use in their marketing, advertisements, and other brand-related content.

If you're a registered Business Account, you legally must use the Commercial Music Library. Using a trending A-list pop song for your brand's video from the regular Sounds library is a big risk - not just from TikTok, but from the music labels themselves. Don't do it.

How to Add a Sound From TikTok's Library:

1. Tap the [+] icon to create a new video.
2. At the top of the screen, tap "Add sound."
3. Browse the recommended sounds, search for something specific, or check out the playlists. For Business Accounts, you will automatically be shown the Commercial Music Library.
4. Tap on a sound to preview it, and tap the red checkmark to add it to your video.

By sticking to this process, you place yourself under TikTok’s licensing umbrella, which is right where you want to be.

Using Trending Sounds: The Rule of Platform vs. Edits

So, what about all those viral sounds and memes that aren't A-list music? Things like audio clips from vines, famous quotes, or user-generated "original sounds" fall into a bit of a gray area, but you can typically use them safely by following one simple rule: add the sound inside the TikTok app.

When you see a trending sound, you can tap on the spinning record icon in the bottom corner of a video and select "Use this sound" to create your own video with it. By doing this, you are using audio that lives on TikTok's platform. Most of the time, this is acceptable, especially for trends and memes where the community re-purposes audio.

The danger arises when you try to do this outside of TikTok. For example, if you find a popular song, edit it into your video using an external app like CapCut or Adobe Premiere Pro, and then upload the finished video to TikTok with the music already baked in. TikTok’s audio-detection system can easily identify this as an unauthorized upload of a copyrighted track, because you didn't use their licensed version. Even if it's the same song you could find in their system, how you add it matters. Always add copyrighted audio from within the TikTok editor.

Relying on "Fair Use" Is a Gamble - Don't Count On It

You’ve probably heard of "Fair Use," a legal concept that allows for the limited use of copyrighted material without permission for purposes like commentary, criticism, news reporting, and parody. People often think this is a free pass to use any content they want. It is not.

Fair Use is not a rule - it's a legal defense you have to argue in court. It’s highly subjective, and a single misstep can land you back in infringement territory. While genuine parody and review content can fall under this - like "stitching" a video to provide critical commentary or creating a true parody of a movie scene - purely re-uploading someone else's content is not Fair Use.

To have any hope of claiming Fair Use, your content needs to be transformative. Ask yourself:

• Did I add significant new meaning or expression to the original clip?
• Is my video making fun of, critiquing, or commenting on the original?
• Am I using just enough of the original clip to make my point, or am I showing the whole thing?

Using a ten-second movie clip as a backdrop for a "relatable" video about your life wouldn't be considered transformative. But using that same clip to analyze the filmmaking technique? That's getting warmer. It’s still a huge risk for any creator or brand, and it is far safer to just avoid relying on it as a strategy.

Avoiding Copyright on Visuals: Video Clips and Images

So far we've focused on audio, but the same rules apply to what's on screen. Grabbing clips from movies, sports, anime, TV shows, or other creators' YouTube channels and re-uploading them is copyright infringement. A "credit to owner" comment in your caption does not give you permission.

So how can you incorporate footage you didn't create yourself? Here are a few safe routes:

1. Use Royalty-Free Stock Footage

This is the best option when you need high-quality generic footage to supplement your original shots. Websites like Pexels, Unsplash, and Pixabay offer massive libraries of photos and videos that are free for commercial use. You can use this footage to create engaging backdrops, tell a visual story, or add professional polish to your videos.

2. License Content Directly

For more specific or premium footage, you can turn to paid stock sites like Getty Images or Shutterstock. They offer clear licensing options so you know exactly what you're paying for and how you're allowed to use the content.

3. Leverage User-Generated Content (UGC) - With Permission!

UGC is an incredibly powerful tool for brands. If a customer tags your brand in an amazing video showing off your product, you’ve got gold on your hands. But you can't just screenshot it and repost. You need explicit permission.

The best practice is to send them a direct message or email that says something like, "Hey! We absolutely love this video you made. Would you be okay with us re-posting it on our official TikTok account with full credit to you?" Once you get a clear "Yes" in writing, you are good to go. This builds goodwill with your community and legally covers you.

What To Do If You Get a Copyright Strike

If you do end up making a mistake, don't panic. Usually, the consequences are mild for first-time offenders. Here's what typically happens:

1. Muted Audio or Video Takedown: TikTok's system will automatically mute the sound on your video or remove the video entirely.
2. Notification: You’ll receive a notification in your inbox explaining that your content was removed due to a copyright infringement claim. The notice will often include the name of the rights holder who made the claim.
3. Appeal Option: The notification includes an option to appeal the decision. You should only use this if you have a legitimate claim, such as proof that you own the license to the audio, that the clip falls under Fair Use, or that the algorithm made a mistake.

Repeated violations can lead to more serious consequences, including temporary account suspensions and eventually, having your account permanently banned. It's best to learn the rules from the start and avoid reaching this point altogether.

Final Thoughts

Navigating copyright on TikTok is all about being proactive instead of reactive. By choosing audio from TikTok's official libraries, creating original visual content, and understanding the real risks of using material you don't own, you can confidently build your presence without the constant worry of takedowns. The safest philosophy is simple: when in doubt, use a resource you know is licensed or create it yourself.

We know that staying on top of a content schedule while making sure every single asset is compliant can be overwhelming. As a team, keeping track of what videos are planned, where the assets are from, and which sounds are approved used to be a challenge for us, especially across multiple profiles. We built the visual content calendar in Postbase to solve this exact problem - it gives us all a single place to plan our video content for TikTok and other short-form platforms, so everyone can review and approve posts well before they're scheduled to go live.