In general, copyright for music on TikTok applies in the same way as on any other platform. The copyright holder of a musical work has the exclusive right to authorize its reproduction, distribution, public communication, and transformation. This means that if a TikTok channel plays music without the authorization of the copyright holder, it is committing copyright infringement.
In the case of channels that play music like a radio, the copyright infringement is clearer. These channels are broadcasting music publicly and massively, which requires the authorization of the copyright holder.
In the case of channels that create shorts to promote the channel, the situation is more complex. These channels may argue that their use of music is based on an exception to copyright, such as quotation or parody. However, the application of these exceptions depends on the specific circumstances of each case.
In general, it is advisable for TikTok channels that want to use third-party music to request authorization from the copyright holder. This will avoid legal problems and ensure that the channel is acting ethically.
Specifically, TikTok’s copyright policies establish the following:
- Users cannot publish, share, or send any content that infringes copyright.
- Users may use copyright-protected content without authorization in certain circumstances, such as in quotations, parodies, or reviews.
- Users may obtain music licenses through TikTok partners, such as TikTok Music and TikTok Select.
Therefore, a TikTok channel that wants to play music like a radio or create shorts to promote the channel should consider the following options:
- Obtain authorization from the copyright holder.
- Use copyright-protected content without authorization in a circumstance permitted by law.
- Obtain a music license through a TikTok partner.
If the channel opts to obtain authorization from the copyright holder, it can do so directly or through a copyright management service. If the channel opts to use copyright-protected content without authorization, it must ensure that its use is based on a circumstance permitted by law. If the channel opts to obtain a music license through a TikTok partner, it can do so through the TikTok app or through the TikTok Music website.
Here are some additional details that may be helpful:
- TikTok’s music library contains over 150,000 tracks that are free to use without any copyright restrictions.
- TikTok users who use music from outside of the music library may receive a copyright claim from the copyright holder.
- If a copyright claim is received, the TikTok user will have the option to dispute the claim or to remove the video from TikTok.
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