How to Use Copyrighted Music on Instagram Legally

Adding a trending song to your Instagram Reel can feel like the secret sauce for going viral, but using that music improperly can get your video taken down or even your account flagged. This guide explains exactly how to use copyrighted music on Instagram legally, whether you’re running a personal account or building a brand. We'll cover the rules for personal vs. business accounts, the legitimate ways to access popular songs, and the expensive myths you need to avoid.

Why Does Instagram Take Down Videos with Copyrighted Music?

Ever had a Reel muted or a Story removed for a music violation? It happens because music is intellectual property. Every popular song you hear is owned by writers, performers, and record labels who deserve to be compensated for their work. To manage this at scale, platforms like Meta (the parent company of Instagram and Facebook) have licensing agreements with major music rights holders like Universal Music Group, Sony Music Entertainment, and Warner Music Group.

These agreements give Instagram permission to let users include songs from its official music library in their content - but those permissions come with very specific rules.

Instagram uses a sophisticated automated system, known as Content ID, to scan every video uploaded to its platform. This system compares the audio in your video to a massive database of copyrighted recordings. If it finds a match you don't have permission to use, it automatically takes action. This could be:

• Muting your video's audio.
• Blocking your video from being seen in certain countries.
• Completely removing your video.
• Placing a strike against your account for repeated offenses.

The rules are fundamentally different depending on whether you're using a Personal, Creator, or Business account. This distinction is the source of most confusion, so let's break it down.

How to Legally Use Music on Your Personal Instagram Account

If you have a personal or creator account, your experience with music is much simpler. The licensing agreements Meta has secured primarily cover personal, non-commercial use. This means you’re generally free to add a Taylor Swift or Drake song to a Reel of your vacation or a Story of your dog without issue, as long as you use the tools Instagram provides.

Using the Instagram Music Library for Reels, Stories, and Feeds

The easiest and only truly legal way for personal accounts to use popular music is through Instagram's built-in Music sticker or audio library. When a song is in this library, it means Meta has already handled the licensing for you.

Here’s how to do it correctly:

1. For Reels: Start creating a new Reel and tap the "Audio" icon on the left side menu. From there, you can search for a specific song, browse by genre, or see what's currently trending.
2. For Stories: After taking a photo or video for your Story, tap the sticker icon (the smiley face square) at the top of the screen. Select the "Music" sticker and search for your song. You can customize which part of the song plays and how the lyrics appear.
3. For Feed Posts (Photos): When creating a post with a single photo, you'll see an "Add music" option below the 'Add Location' field. You can search the library and choose a clip to play over your image.

By using this in-app feature, you're staying within the legal bounds of Instagram's agreements. The audio is licensed for use on the platform, protecting you from copyright strikes. Just remember that song availability can vary by region, and not every track will be available.

The Business Account Dilemma: Why the Music Library is Different

If you run an Instagram Business account, you've probably noticed your audio library is much smaller and filled with generic-sounding, royalty-free tracks instead of chart-topping hits. This isn't a glitch, it's by design. The broad licensing agreements for personal accounts do not cover commercial use. Commercial use means using a song in content that promotes a product or service - even indirectly.

Brands using a popular song without the proper commercial license are essentially using an artist's work in an advertisement without paying for it. That's a serious violation of copyright law, and it’s why Meta restricts the music library for Business accounts. The "Sound Collection" you see is fully licensed for commercial purposes, keeping your brand out of legal trouble.

A common but risky temptation is to switch your Business account to a Creator account to regain access to the popular music library. While this technically works, you're violating Instagram's terms of service if you use that music in promotional posts. Doing so regularly can lead to your content being muted or removed, and in some cases, it could jeopardize your account.

4 Legal Ways for Businesses to Use Copyrighted Music on Instagram

So, how can businesses legally use good music to level up their Instagram content? You have four legitimate options.

1. Stick to the In-App Sound Collection for Businesses

The safest and most straightforward option is to use the music provided directly within the Instagram app for Business accounts. The "Sound Collection" is full of thousands of royalty-free tracks and sound effects that have been pre-cleared for commercial use.

While you won't find the viral TikTok song of the week, you can find high-quality background music that complements your video's message. Think of it as a solid resource for mood-setting tracks that won't necessarily be the emotional core of your content but will enhance it without risk.

Good for: Simple background music, demos, customer testimonials, and content where the music doesn't need to be the main attraction.

2. Obtain a Direct License from the Copyright Holder

If you absolutely must use a specific popular song, the most "correct" way is to get the licenses yourself. This is also the most expensive, time-consuming, and complex option. To use a recorded song, you need two separate licenses:

• The Master License: This license covers the use of the specific recording of the song (the "master track"). It's typically controlled by the record label.
• The Synchronization (Sync) License: This license covers the use of the song's composition - the melody and lyrics. It's controlled by the music publisher or the songwriter.

Obtaining both of these licenses for a well-known song can cost thousands, or even tens of thousands, of dollars. It involves tracking down the correct rights holders and negotiating terms. This path is realistic for major corporations with large marketing budgets and legal departments but isn't feasible for most small businesses and creators.

3. Use Stock Music Licensing Services

For most businesses, this is the perfect middle ground. Services like Epidemic Sound, Artlist, Musicbed, and Audiio offer vast libraries of high-quality music specifically licensed for use in social media and advertising content. You pay a monthly or annual subscription fee for access to their entire catalog.

Here’s the workflow:

1. Sign up for a subscription that includes licensing for social media platforms.
2. Search the library for a track that fits your brand's vibe and the video's mood.
3. Download the track and its license.
4. Add the music to your video using a video editor (like CapCut, InShot, or Adobe Premiere Pro).
5. Upload your final video with the licensed music to Instagram.

While you won't find major label pop songs here, you will find excellent, professionally produced music spanning every genre imaginable. It’s the best way to get a premium, unique sound for your brand without breaking the law or your budget.

4. Partner Directly with a Musician or Composer

A creative and highly personal approach is to work directly with an emerging musician or composer. With this strategy, you can commission an original track or license one of their existing songs for your brand. This method fosters a collaborative and authentic feel that resonates with audiences. Platforms like Instagram itself are great places to discover independent artists who may be open to working with brands.

Here's how to approach it:

• Identify an artist whose music aligns with your brand identity.
• Reach out professionally to propose a collaboration and discuss terms.
• Be clear about where and how you intend to use the music (e.g., in Instagram Reels and Stories for one year).
• Get a simple written agreement or contract that outlines the usage rights and compensation. This protects both you and the artist.

This approach not only provides you with unique music but also helps support the creative community. It’s an authentic way to build a memorable brand sound.

Common Mistakes to Avoid: Don't Fall for These Myths

Finally, let's clear up some dangerous misinformation spreading across the internet.

• Myth: "Just giving credit to the artist is enough."
  Fact: A tag in the caption does not equal a license. Tagging the artist is a nice gesture, but it offers zero legal protection. It is essentially an admission that you knowingly used their work without a license.
• Myth: "Using less than 15 seconds of a song is 'fair use'."
  Fact: There is no magic number of seconds that qualifies a work as "fair use" for commercial purposes. Any unauthorized snippet of a copyrighted song in a promotional video is technically an infringement.
• Myth: "I bought the song on iTunes, so I can use it."
  Fact: When you buy a song from a service like iTunes or subscribe to Spotify, you are purchasing a personal listening license. This license does not grant you the right to broadcast it to the public or use it in your brand’s advertising.
• Myth: "Other brands are doing it, so it must be okay."
  Fact: Seeing another brand use a popular song and get away with it isn't a legal defense. They may have secured an expensive license, they may be facing legal action you don't know about, or they simply may not have been caught yet. It's a risk that intelligent brands don't take.

Final Thoughts

Using copyrighted music on Instagram boils down to understanding the distinction between personal and commercial use. For personal accounts, the in-app music library makes it simple and legal. For businesses, the rules are stricter to protect artists, but you still have excellent options: use Instagram’s pre-cleared Sound Collection, license tracks from a stock music service, or partner directly with artists. Navigating this correctly protects your brand and respects creatives.

Building a great content strategy also requires tools that don't get in your way. We built Postbase because we were tired of wrestling with outdated social media schedulers that weren't designed for a video-first world. With Postbase, you can plan all your Reels, Shorts, and TikToks in a beautiful visual calendar and trust that your posts will go live when they’re supposed to - without the account disconnects or publishing fails common with older platforms. It lets you focus on creating amazing content with perfectly legal soundtracks, not fighting with your software.