Can a Business Use My Song Without Permission?
The short answer is almost always no. Here's why — and what to do when a business does it anyway.
The short answer: almost never. Businesses generally need a license — usually a sync license for the composition and a master use license for the sound recording — before using your song commercially. The narrow exceptions (fair use, de minimis use, certain first-sale scenarios) rarely apply to typical brand marketing.
The narrow exceptions
- Fair use: a four-factor doctrine that is fact-specific and hard to predict. Commercial marketing use rarely wins on fair use.
- De minimis: extremely small uses that a court might treat as trivial. Case law is mixed and not a reliable defense.
- License already in place: the business (or its platform) already has a license that covers this use.
What to do if a business used your song without permission
Preserve evidence, confirm your rights, and evaluate whether a takedown, CCB claim, federal lawsuit, or licensing negotiation is the right next step. Our step-by-step guide walks through each option.
Frequently asked questions
What if the business only used a few seconds?+
What if I'm not sure I own the rights?+
Can I ignore this and just move on?+
Think your music has been used without permission?
Start your GeeseTrace Intake today. Answer a guided set of questions, upload evidence, and organize the details an attorney will need to evaluate your matter.
Informational intake only. Not legal advice. No attorney-client relationship is created.
This article is provided for general educational purposes only. It is not legal advice, and reading it does not create an attorney-client relationship. Copyright law is fact-specific — consult a licensed attorney about your situation.