Can my venue use popular songs in Instagram or TikTok videos?

A different use from the music in your room

The licenses a venue holds for music on its premises are about performing music there. Take ASCAP’s hotel license as an example. It does not give the right to perform its music “to persons beyond the Premises by any means, methodology or technology”. That includes “internet-connected websites, software applications, systems, platforms”. It also gives no right to “reproduce, copy or distribute” the music, or to use the sound recordings (ASCAP Musical Works License Agreement for Hotels and Motels, 2022 form, published by AHLA).

Putting a song into a video needs other rights. SESAC says it “does not represent the rights needed to reproduce a musical composition into a video”. It adds: “These rights are generally called sync rights”. In plain words, sync means setting music to pictures. SESAC also says that using an existing recording means contacting “the record label that owns said recording” (SESAC FAQ). For playing music in public, SESAC says “Many major social media platforms are already licensed with SESAC”. It says it does not usually license “individual users’ channels or pages” (SESAC FAQ).

The radio and TV exemption for small venues does not help here either. It never covers music added to social media or marketing videos (Is my venue exempt from music licensing?).

What the platforms’ own terms say

Each platform sets its own rules for music in its app. These are the platforms’ words about their own services. They are not a statement of the law.

Facebook and Instagram (Meta)

Meta’s Music Guidelines apply “if you post, share, or promote any videos or other content containing music on any Meta Products”. Meta Products include Instagram (Meta Products). The guidelines say: “Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses”. They also say: “Nothing in these terms constitutes any authorization by us with respect to any use of music” (Meta Music Guidelines, effective March 26, 2024).

Instagram’s music library

Instagram says: “The music available in our library is intended for personal, non-commercial use”. It adds that “certain business accounts and certain types of posts do not have access to the library” (Instagram Help, access to the licensed music library). A reel you boost as an ad “can’t use licensed music”. Instead, Instagram recommends “royalty-free music, like what’s available in our Sound Collection, or original audio” (Instagram Help, how to boost a reel).

TikTok

TikTok’s Commercial Music Library is for “brands, businesses, commercial entities and advertisers”. Commercial uses include “Advertising, marketing, endorsing, sponsoring or publicizing” a product or service on TikTok. The terms say: “Commercial Sounds are the only sounds made available on TikTok for Commercial Uses.” The separate “General Music Library” is the non-commercial one. It is “made available to personal users of TikTok” (TikTok Commercial Music Library user terms).

YouTube

YouTube’s Audio Library offers “royalty-free production music and sound effects to use in your videos”. Tracks with a Creative Commons license must be credited in the video’s description. YouTube adds: “Only music and sound effects from the Audio Library are known to YouTube to be copyright-safe”. It also says it “can’t give legal guidance, including guidance on issues with music that can occur off the platform” (YouTube Help, Audio Library).

Options venues often use

This is general information, not a recommendation for any post. Each option has its own terms.

• The platform’s commercial library. Instagram says Meta’s Sound Collection has “over 14,000 songs and sounds”. It says they “can be used for commercial purposes like ads” (Instagram Help). TikTok’s Commercial Music Library stays on TikTok: “Commercial Uses outside of TikTok are not permitted and no rights are granted by TikTok for such uses” (TikTok CML terms). A track you pick in one app may not cover the same video posted somewhere else.
• Music licensed for video. For sync rights to a specific song, SESAC points to the song’s publishers. For the recording, it points to the record label (SESAC FAQ). Music libraries sell licenses too. Their terms say which platforms and uses are included.
• Original audio. Voice-over, your own sound, or no music at all. Instagram lists original audio as an option for boosted reels (Instagram Help). A clip filmed during service also records any music playing in the room.

Platform terms change. The versions quoted here were read on November 13, 2026.