Question 1

Can someone use my music on TikTok?

Accepted Answer

TikTok maintains two different music catalogs, and the distinction controls whether a use is authorized. The Commercial Music Library (CML) is pre-cleared for business and brand use, so business accounts and paid ads are generally limited to CML tracks. TikTok's general music library — the standard 'Sounds' catalog that personal accounts add from — is licensed only for personal, non-commercial user-generated content. A trending sound in the general library is not a commercial license. If a brand, agency, business account, or paid ad used a general-library song in a commercial context, that use is likely unauthorized and needs a separate sync license (composition) and master use license (recording).

Question 2

Can a business legally use my song?

Accepted Answer

Copyright applies to businesses of every size. Any commercial use — an ad, product video, storefront reel, sponsorship, in-store playback — generally requires a license from both the composition owner and the sound recording owner. Narrow exceptions like fair use rarely apply to straight commercial marketing.

Question 3

Do I need copyright registration?

Accepted Answer

Copyright attaches the moment an original work is fixed in a tangible medium. Registration with the U.S. Copyright Office is a separate step, but it controls remedies. Pre-infringement (or within 3 months of publication) registration is required for statutory damages and attorney's fees. The CCB accepts claims with pending registrations.

Question 4

Can I sue for copyright infringement?

Accepted Answer

You can pursue a copyright claim in federal court once your work is registered (or the application is completed). For smaller matters, the Copyright Claims Board offers a lower-cost, small-claims-style venue capped at $30,000. Federal court has no damages cap and can issue injunctions.

Question 5

What is fair use?

Accepted Answer

Fair use is judged on the purpose and character of the use (including whether it's commercial and transformative), the nature of the copyrighted work, the amount used, and the effect on the market for the original. Commercial marketing that uses your song to promote a business rarely satisfies fair use.

Question 6

What if my music is only partially used?

Accepted Answer

There is no bright-line 'seconds rule.' Whether a partial use infringes depends on how much was taken (quantitatively and qualitatively), whether the use is commercial, and other factors. Short clips in ads and brand content are frequently found to be infringing.

Question 7

How much does copyright litigation cost?

Accepted Answer

Direct court costs are modest. The larger cost is attorney representation, which varies by attorney and matter. Common arrangements include hourly, flat fee (for defined scopes like a CCB filing), contingency (a percentage of recovery), and hybrids. GeeseTrace Intake does not set attorney fees.

Question 8

Should I file in the CCB or federal court?

Accepted Answer

The CCB caps damages at $30,000, is designed for pro se claimants, and respondents can opt out within 60 days. Federal court has no damages cap, can issue injunctions, and defendants cannot opt out — but is significantly more expensive and time-consuming. The right venue depends on the matter size, remedies you need, and how likely the respondent is to engage.

Music Copyright FAQ Library

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