Using Copyrighted Music in Reels: Copyright Rules for Creators

Using copyrighted music in reels is lawful only with a licence: the platform’s own music library (within its terms), a royalty-free or production library licence, a Creative Commons track used on its terms, or a direct licence from the label. Indian copyright law has no “30 seconds is free” rule, and background music in a vlog is not fair dealing. A film song carries separate rights in the composition, the lyrics and the sound recording, which last 60 years and more. Images follow the same logic: a photo found on Google belongs to its photographer unless the licence says otherwise.

Copyright for Instagram reels: why music is the biggest risk

A recorded film song has at least three layers of rights: the composition (owned through the composer and publisher), the lyrics (the lyricist and publisher) and the sound recording (usually the music label). Using even ten seconds of it in a reel touches all three. Labels monitor platforms closely, which is why most claims against Indian creators are music claims.

Myths that cost creators money:

• “It is only 15 seconds.” Length does not make copying lawful.
• “I bought the song” or “I have a streaming subscription.” That is a personal listening licence, not a right to publish.
• “It is my cover.” Your voice is yours, but the composition and lyrics are not. Covers need a licence for the underlying works, unless a platform’s arrangement with publishers covers that use.
• “Old songs are free.” Most Hindi film music from the 1970s is still protected. Sound recordings run 60 years from publication; compositions and lyrics run for the author’s life plus 60 years.
• “The venue has a PPL or IPRS licence.” Public performance licences cover playing music at a venue or event, not posting it in your reel.

Legal ways of using copyrighted music in reels

1. The platform’s music library. Instagram, Facebook and YouTube Shorts offer tracks the platform has licensed for use inside the app. Read the terms for your account type: business and brand accounts often get a narrower library. Downloading a reel with a library song and re-posting it elsewhere, or running it as a paid ad, may not be covered.
2. Royalty-free and production libraries. A paid subscription gives a licence, often tied to the channel that downloaded the track. Keep the licence certificate for each track; it is what releases a claim. Check whether the licence survives cancellation.
3. Creative Commons and free libraries. Follow the exact licence: attribution may be required, and “NC” licences prohibit commercial use, which includes a monetised or sponsored reel.
4. Direct licence. For a brand campaign, get a written licence from the label or artist covering platforms, duration, territory and paid promotion. Under Section 30, a licence must be in writing.
5. Commission original music and take a written assignment so it is yours (Section 19 requires writing; if duration and territory are not stated, the assignment is deemed to be for five years and for India only).

Example: Pooja, a Chandigarh fitness creator, made a paid reel for a supplement brand using a trending track from the in-app library on her personal account. The brand then ran the same reel as an ad from its business account, and the label claimed it. Her contract had not said who would license music for paid use. When using copyrighted music in reels for brands, write the music licence into the contract.

Image copyright India for creators

• Photographs are artistic works. The photographer is the author and first owner, unless the photo was commissioned for payment or made in employment (Section 17). A photo on Google Images, a news site or someone’s Instagram is not free to use.
• Stock images come with licences that may exclude logos, merchandise, sensitive uses or resale. Keep the licence.
• Celebrity photos carry two risks: the photographer’s copyright, and the celebrity’s personality rights. Courts, especially the Delhi High Court, have restrained unauthorised commercial use of famous people’s names, faces and voices, including through AI, as in Anil Kapoor v. Simply Life India (2023).
• Public domain: a work whose author died more than 60 years ago is free from the start of the following calendar year. Rabindranath Tagore died in 1941, so his writings have been in the public domain since 2002. A new translation or recording of them may still be protected.
• Buildings and public sculptures: Section 52 permits photographs of works of architecture and of artistic works permanently situated in a public place.
• Memes and film stills: tolerated in commentary, but risky in brand promotions, where studios have objected. Use original or licensed art for paid posts.
• AI-generated images and music: read the tool’s terms on commercial use. Realistic synthetic content must be declared and labelled on large platforms under the IT Rules as amended from 20 February 2026.

If your reel gets a claim

1. Check the claimant and the track. If you have a licence, dispute and cite the licence ID.
2. If the claim is valid, swap the audio from the library, mute the segment or remove the reel.
3. Never pay strangers who offer to “clear” a claim; report it on cybercrime.gov.in or 1930.

For strikes and fair dealing on YouTube, see copyright strike and fair use in India.

Frequently asked questions

Is using copyrighted music in reels allowed if I give credit?

No. Credit is not permission. You need a licence, such as the platform’s in-app library within its terms, a royalty-free licence or a direct licence from the label.

Is royalty-free music free to use anywhere?

No. Royalty-free means no per-use royalty, but you still need the licence and must follow its conditions on platforms, commercial use and attribution.

Can a business account use trending songs on Instagram?

Often not. Business accounts usually get a narrower, commercially cleared library. Check the platform’s current music terms for your account type before posting.

Can I use a photo from Google in my thumbnail?

Only if its licence allows it. The photographer owns the copyright, and a celebrity photo can also raise personality rights issues.

Quick quiz

To stop worrying about using copyrighted music in reels, see the Law for Content Creators and Influencers certificate course.

Sources

• Copyright Act, 1957: ss.13, 14, 17, 19, 22, 26, 27, 30, 52, 63
• Anil Kapoor v. Simply Life India (Delhi High Court, 2023)
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended with effect from 20 February 2026

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.