Why Brands Risk Millions Without Copyright-Safe Music



Why Brands Risk Millions

your marketing team launches a major campaign in India. The visuals, the product, even the captions are perfect. You’ve spent lakhs, maybe crores, on creative and media. Then comes the blow, a music rights holder notices one of your promo videos on the app or Instagram Reel uses one of their tracks without permission. The song is muted, the content gets taken down, you receive a legal notice, and suddenly, what was meant to build your brand starts costing you.

Sony Music recently filed a petition in the Bombay High Court against Ecommerce giant, seeking ₹5 crore in damages over alleged unauthorized use of sound recordings in promotional videos and ads. Allegedly used without proper licensing or authorization.

The Hidden Costs of Unlicensed Music

For most brands and influencers, the danger of using unlicensed music doesn’t feel real, until it hits their campaign. The truth is, in India, copyright law is clear: unauthorized use of a song in advertising, promotions, or branded content is infringement, whether or not you made money from it.

Here’s what’s at stake: 

  • Content Takedowns & Muted Campaigns: Platforms like YouTube, Instagram, and Facebook use automated systems to detect copyrighted audio. If your campaign relies on trending music that isn’t licensed, it risks being muted, blocked, or removed entirely, wasting media spends and production budgets.
  • Reputational Harm: Getting sued by a major music label is a PR nightmare. Consumers may not understand the legal nuances, but they do see headlines about “copyright violations,” which erode brand trust.
  • Opportunity Loss: When a campaign is pulled down, it’s not just the legal bill—it’s the loss of momentum, share of voice, and consumer mindspace your competitors quickly capture.

So the stakes aren’t trivial. And beyond direct financial risk, there are also costs of brand reputation, lost trust, content takedowns, demonetization (for creators/influencers), and opportunity cost of re-doing content.

Why Copyright-Safe Music Must Be Integral to Marketing Strategy

Legal and Financial Protection 

  • Minimize risk of lawsuits: Using properly licensed or copy right-safe music reduces vulnerability to claims from rights holders.
  • Avoid statutory damages: In many jurisdictions, copyright law allows rights holders to claim substantial statutory damages, even where actual loss is harder to prove.
  • Prevent content removal or takedowns: Platforms often enforce copyright claims via automated tools; content can be flagged, muted, blocked, or removed. That reduces reach and wastes investment.

Brand Reputation and Consumer Trust 

  • Consumers are increasingly aware of copyright issues; they expect ethical and compliant behaviour from brands.
  • Being caught using unlicensed music (especially popular/trending songs) can lead to bad publicity. For example, brands being sued for commercial use of trending songs on Instagram etc., are making headlines.
  • Trust also comes from consistency: if a brand often has its content taken down, or has copyright strikes, it undermines reliability in the eyes of consumers, partners, and platforms.

Platforms That Help: Hoopr.ai & Hoopr Smash

To reduce risk and streamline licensing, platforms have emerged that allow brands, creators, and influencers to access copyright-safe and legally licensable music. Two of note are hoopr.ai and Hoopr Smash (from the same company, designed for slightly different use-cases).

What is hoopr.ai?

  • Launched in India in 2021.
  • A music licensing platform with over 12,000 tracks and sound effects, spanning many genres and moods.
  • Its tracks are “copyright-free background music” or royalty-safe (i.e. pre-cleared for many uses) and designed for content creators, brands, etc.
  • Subscription plans for individual creators/influencers, with features like worldwide clearance for use, unlimited sound effects, etc.

What is Hoopr Smash? 

  • In April 2025, Hoopr launched Hoopr Smash, a tech-driven, self-serve licensing marketplace particularly focused on Bollywood and regional music, trending songs, etc.
  • Catalogue: over 18,000 tracks, from big labels (e.g. YRF Music, Merchant Records, Saga Music), 17 regional labels, and artists like A.R. Rahman, Diljit Dosanjh, Amit Trivedi, Badshah etc.
  • Key features: tracks categorized by use-case, mood, and occasion; real-time trending tracks section; licensing-on-demand (pay-per-track) as well as bundle “combo” packs for brands with frequent content needs.
  • Designed for quick turnaround: allowing a brand or marketing team to discover a track, license it and have it ready in under 15 minutes.

How Brands & Influencers Can Integrate Copyright-Safe Music

To avoid legal exposure and at the same time maximize creative engagement, here are practical steps:

Step

Action

Why It Matters

Audit your current content

Review past campaigns / social posts: how many used trending music without explicit license? Identify exposure.

To assess your risk baseline; some content may already be infringing or vulnerable.

Define music usage policy

Set internal guidelines for what types of music can be used in which contexts: brand content, influencer posts, ads, UGC, etc.

So everyone (creative teams, agencies, influencers) is clear on what’s allowed.

Use platforms for licensed / trending music

Use tools like hoopr.ai / Hoopr Smash to source tracks.

Speeds up content production, ensures legal safety.

Negotiate licensing in advance

If working with paid influencers or partners, include in contracts that music used must be properly licensed / cleared for commercial use.

Prevents surprises later; influences cost estimates.

Budget for music licensing

Plan for music licensing costs as part of media / creative budget, especially for popular songs.

Helps avoid cutting corners; ensures ability to access better tracks.

Prefer trending & familiar music legally

When possible, license trending tracks via services like Hoopr Smash to stay culturally relevant. But don’t assume “everyone else is doing it” means it’s allowed.

Keeps your content timely and connected to audience culture.

Monitor rights & clearances over time

Some licenses expire or have restrictions (region, type of use, duration). Ensure ongoing content remains covered.

To avoid future takedowns or infringement issues as platforms or laws evolve.

Measure engagement & ROI

Track metrics for content with licensed vs unlicensed music (reach, engagement, retention) to understand value of compliance.

Helps build internal case for investing upfront in proper music licensing.

 

Conclusion

For brands, influencers, and social media experts, music is not just an aesthetic choice, it’s a legal, financial, and reputational lever. Failing to use copyright-safe music can result in expensive lawsuits, removed content, public backlash, and wasted creative investment. On the flip side, integrating properly licensed music can amplify impact, enhance brand trust, and allow smoother, faster content production aligned with trends.

For brands and creators that move with intent, defining policies, budgeting for licensing, using safe sources, they can protect themselves while creating content that sounds great and engages hard.