Can You Play Music While on TikTok Live? A Creator’s Guide

The short answer is yes, you can play music while on TikTok Live, but with significant caveats. Navigating the world of music licensing and copyright on any platform, including TikTok Live, can feel like traversing a legal minefield. Let’s delve into the specifics, exploring the nuances and providing you with a comprehensive guide to keeping your streams above board.

Understanding TikTok’s Music Library and Licensing

TikTok, aware of the immense popularity of music on its platform, has made strides in providing creators with access to a vast library of songs. This music is integrated into the app and is generally safe to use for pre-recorded videos. However, the rules shift significantly when you enter the realm of live streaming.

The “Music” Sticker in TikTok Live

One of the most straightforward methods to incorporate music into your live streams is through the official “Music” sticker within TikTok Live. This feature allows you to select tracks from TikTok’s licensed music library to play during your broadcast. When using this feature, TikTok handles the licensing on its end. If you are using the official music sticker, the platform has taken measures to try and protect you from a copyright strike, but that is not always the case. This is an important feature to use whenever possible when wanting to use music for live streaming.

The Catch: Limited Selection and Control

While using the “Music” sticker is the safest option, it comes with limitations. The selection of available songs might not always align with your preferences or the theme of your live stream. Furthermore, you have limited control over the music playback, such as queuing up specific songs or adjusting the volume mix. This is a significant trade-off to consider, since control over the music that you are playing is what many people want.

Playing Music Outside of TikTok’s Library: Proceed with Caution

This is where things get tricky. If you want to play music from other sources, like Spotify, Apple Music, or even your own music library, you are venturing into potentially risky territory.

Copyright Infringement and Potential Penalties

Copyright laws are designed to protect the rights of music creators and publishers. Playing copyrighted music without permission is a violation of these laws. TikTok, like other platforms, has implemented measures to detect and address copyright infringement. The consequences can range from:

• Muting your live stream: TikTok might automatically mute portions of your stream where copyrighted music is detected. This can disrupt the flow of your broadcast and negatively impact the viewer experience.
• Taking down your live stream: In more severe cases, TikTok might completely terminate your live stream if it detects blatant copyright violations.
• Account suspension or ban: Repeated copyright infringements can lead to temporary or permanent suspension of your TikTok account.

Fair Use: A Murky Defense

The concept of “fair use” allows for the use of copyrighted material in certain limited circumstances, such as criticism, commentary, news reporting, teaching, scholarship, or research. However, determining whether your use qualifies as fair use can be complex and fact-specific.

Generally, simply playing music as background during your live stream does not fall under fair use. To even consider claiming fair use, you would need to demonstrate how your use is transformative, meaning that you are adding something new or different to the original work. This would be an uphill battle if you are merely playing the music to listen to, or to create a vibe for your stream.

Obtaining Licenses and Permissions

The most foolproof way to play music outside of TikTok’s library is to obtain the necessary licenses and permissions from the copyright holders. This can be a daunting and often expensive process.

• Contacting the Rights Holders: You would need to identify the copyright holders of the songs you want to play, which typically includes both the music publisher and the record label.
• Negotiating Licenses: You would then need to negotiate licenses with these rights holders, specifying the terms of use, including the duration, geographic scope, and payment fees.
• Royalty-Free Music: An alternative is to use royalty-free music. There are several online platforms that offer royalty-free music licenses for a fee. However, carefully review the terms of the license to ensure that it covers live streaming on TikTok.

Best Practices for Playing Music on TikTok Live

Given the complexities of music licensing, here are some best practices to follow when playing music on TikTok Live:

1. Prioritize the “Music” Sticker: Whenever possible, stick to using the official “Music” sticker within TikTok Live. This minimizes your risk of copyright infringement.
2. Explore Copyright-Free Alternatives: Consider using royalty-free music or songs that are in the public domain.
3. Seek Permission: If you want to play specific copyrighted songs, attempt to obtain the necessary licenses and permissions.
4. Acknowledge Music Sources: If you are playing music from an external source, even with permission, clearly acknowledge the artist and song title during your live stream.
5. Monitor Your Stream: Pay attention to any notifications or warnings from TikTok regarding copyright infringement. Take immediate action to address any issues.
6. Consult with a Legal Professional: If you are unsure about the legal implications of playing music on TikTok Live, consult with an attorney who specializes in copyright law.
7. Focus on Original Content: Rather than relying heavily on music, try to create original content that engages your audience, such as live performances, Q&A sessions, or interactive games.

Frequently Asked Questions (FAQs)

1. Can I play background music from Spotify during my TikTok Live?

Probably not safely. Playing music from Spotify or any other streaming service without explicit permission from the copyright holders could lead to copyright strikes.

2. Is it okay if I only play a short snippet of a song?

Not necessarily. Even playing short snippets of copyrighted songs can constitute copyright infringement, particularly if the snippets are recognizable or contribute significantly to your live stream.

3. What if I give credit to the artist? Does that protect me?

Giving credit does not automatically grant you permission to use copyrighted music. You still need to obtain the necessary licenses or permissions from the copyright holders.

4. Can I use music if my live stream is not monetized?

Monetization is irrelevant. Copyright laws apply regardless of whether your live stream is generating revenue. Playing copyrighted music without permission is a violation, regardless of whether you are making money from it.

5. What is royalty-free music, and where can I find it?

Royalty-free music is music that you can use without having to pay royalties to the copyright holder each time it is played. You can find royalty-free music on platforms like Epidemic Sound, Artlist, and PremiumBeat. But double check the terms of service to ensure that it can be used for streaming services.

6. How do I find out who owns the copyright to a song?

You can try to find copyright information through the music publisher or the record label associated with the song. Databases like ASCAP, BMI, and SESAC can also provide information about song ownership.

7. What happens if my TikTok Live gets muted?

If your TikTok Live gets muted, it means that TikTok has detected copyrighted music and has muted that portion of the stream. This can disrupt the flow of your broadcast and negatively impact the viewer experience.

8. How many copyright strikes can I get before my TikTok account is banned?

TikTok’s policy on copyright strikes is not explicitly defined, but repeated copyright infringements can lead to account suspension or permanent ban. It is best to avoid copyright violations altogether.

9. Can I use music that my friend created?

You can use music created by your friend if they grant you permission to do so. However, it is best to have a written agreement outlining the terms of use, including the duration, geographic scope, and payment fees, if any.

10. Is it legal to play music in a karaoke-style live stream?

Karaoke-style live streams can also raise copyright issues. You would need to obtain licenses for the music and the lyrics, particularly if you are displaying the lyrics on screen.

11. How can I make my live stream more engaging without relying on copyrighted music?

Focus on creating original content such as live performances, Q&A sessions, interactive games, tutorials, or behind-the-scenes glimpses into your life.

12. Does TikTok have a system for reporting copyright infringement?

Yes, TikTok has a system for reporting copyright infringement. Copyright holders can submit a takedown request if they believe their copyrighted work has been used without permission.

Navigating the complexities of music licensing on TikTok Live requires caution and diligence. By understanding the rules, following best practices, and prioritizing original content, you can create engaging live streams while staying on the right side of the law.