Brands Beware: Copyright Detection Is Catching Up — Here’s What You Need to Know to Stay Safe

The digital marketing landscape has changed dramatically in recent years. Rights holders are deploying sophisticated detection technologies to identify unauthorized uses of music, images, and other creative works, even years after the fact. This trend is creating new risks for brands that rely on social media and multimedia campaigns. For brands, this should be a wake-up call: infringement is not just a “real-time” risk anymore — it is retroactive.

Modern detection tools use machine learning to scan public platforms like YouTube, TikTok, Instagram, Reddit, e-commerce marketplaces, and even decentralized websites, for unauthorized uses of copyrighted works. These systems are trained to recognize audio waveforms, video frames, written text, and even stylized or altered content that historically evaded manual review.
For example, audio-fingerprinting tools can match a two-second clip of a song to a protected master recording.¹ Image-matching systems can identify reposted photographs even when they are cropped, filtered, or embedded in memes.

Detection tools often integrate directly with enforcement platforms to streamline Digital Millennium Copyright Act (“DMCA”) notices, takedown requests, and complaint workflows. More advanced systems even archive evidence like screenshots, URLs, timestamps, and source code, creating a defensible record for litigation or licensing negotiations.

For users and platforms, the trend means greater scrutiny and responsibility. A recent case illustrates the stakes: in 2024, Sony Music sued Marriott International after discovering hundreds of social media posts featuring unlicensed tracks. The posts spanned multiple platforms and campaigns, and the lawsuit sought damages for each unauthorized use. The parties ended up settling for an undisclosed amount, but the case shows that even the biggest brands can slip up.

Just Because You Can Does Not Mean You Should

Copyright infringement claims can be costly and reputationally damaging. Social media platforms like Instagram and TikTok make it easy to add music to posts, but that convenience often masks complex licensing issues. Just because a platform offers a feature does not mean brands have the legal right to use it for commercial purposes. Even platforms with safeguards in place are not infallible.

For example, according to Meta’s Terms and Conditions, a “Business Account” is not supposed to have access to the general music library. There is a distinction between their general licensed library (not for commercial purposes) and Meta’s “Sound Collection,” which is explicitly for use in Reels and Stories and can be used for commercial purposes. Nonetheless, we have heard multiple accounts of brands that are technically able to add protected songs to their posts — whether that is a result of user error or programming, the account owner will be the one on the receiving end of litigation.

Rights holders are increasingly aggressive, sending cease-and-desist letters and demanding large settlements. In some cases, they exploit technicalities — such as missing attribution on “free” images — to initiate claims. These tactics, often associated with copyright “trolls,” can lead to significant financial exposure.

Under U.S. law, the statute of limitations (“SOL”) for copyright infringement is generally three years. However, the Supreme Court’s decision in Warner Chappell Music v. Nealy clarified that damages could extend beyond three years if the claim is filed within three years of discovery. This means brands could face liability for old posts that resurface through detection technology.

In short, the clock does not necessarily start when the infringement occurs; it starts when the rights holder discovers it. That is a game-changer for brands with years of archived content online.

Common Pitfalls

Platform Misconceptions: Instagram and TikTok allow users to add music to posts, but those licenses typically cover personal use — not commercial campaigns. Using these features for branded content can trigger infringement claims.

“Open Source” Images Come With Restrictions: Many open-source or Creative Commons images require attribution. Failure to comply can lead to takedown notices or demands for payment. Luckily, accidental infringers now have a reasonable to make things right. The latest version of the CC license, 4.0, offers licensees a 30-day cure period after receiving notice of their breach. The same is not true for images that are still under the older versions of the license. Always read the fine print.

Royalty-Free ≠ Copyright-Free: Royalty-free music libraries offer convenience, but they still come with license terms. Public domain works are rare and often misunderstood. Brands must ensure they have the correct rights for their intended use.

Best Practices

By taking a few practical steps, brands can dramatically reduce their copyright exposure. Start by auditing past campaigns — especially music and imagery used on social media — for potential risks. Use only properly licensed or royalty-free content and remember that syncing music with visuals requires permission from both the composition owner and the master rights holder. Keep thorough documentation of every license, permission, and attribution, as these records are invaluable if a claim arises. Make sure your marketing teams and influencers understand the basics, since most infringements stem from the mistaken belief that platform tools automatically grant legal rights. Finally, protect yourself from copyright trolls who thrive on technical missteps like missing citations. A disciplined, well-documented process is the best defense.

Copyright compliance is not optional. It is a strategic necessity. Brands that invest in proper licensing and risk management today will avoid costly surprises tomorrow.

[1] Serrano S, Scarpa M. Accuracy comparisons of fingerprint-based song recognition approaches using very high granularity. Multimed Tools Appl. 2023 Mar 21:1-16. doi: 10.1007/s11042-023-14787-2. Epub ahead of print. PMID: 37362687; PMCID: PMC10028751.