Handling music and background artwork in UGC

A licence for a creator’s video does not automatically clear music or artwork made by someone else.

Before brand use, identify what can be heard and seen. Check whether the relevant rights cover the intended channel, territory, term and paid use.

Key facts about copyright in Australian UGC

Check the audio

Listen to the original footage and the delivered cut. Music may have been captured during filming or added in editing, and a commercial track can involve separate rights in the composition and sound recording.

Ask for the track name, source, creator or copyright owner, and licence terms for both the composition and recording. “Royalty-free” and “available in the app” do not, on their own, explain whether the brand may use the sound in an ad, on its website or on another platform.

The Copyright Act 1968 (Cth) is Australia’s copyright law. There may be more than one copyright owner, so identify the permission source for each relevant right.

APRA AMCOS has a Synchronisation licence page, a named place to check when music is combined with video. Verify that the permission covers the proposed use; a listing or one permission does not prove that both the composition and sound recording are cleared.

TikTok’s global Commercial Music Library contains 1 million songs, sourced from independent and emerging artists and top-tier music houses, and is free for businesses. Selected Commercial Sounds can be used for organic or paid TikTok content; choose the campaign region and check usable placements.

A TikTok Business Account shows Commercial Music Library sounds under Add Sound, while a personal account shows all sounds. Check the sound’s source rather than assuming any in-app sound is cleared for brand use.

Where audio rights remain unclear, request a version without the track and add music cleared for the destination. TikTok’s Commercial Music Library is an option for TikTok use, but its stated use does not establish clearance for another platform.

Music rights: What’s cleared vs. what’s not

Inspect artwork in the frame

Look for paintings, prints, photographs, posters, illustrations and graphics on screens. The Copyright Act 1968 (Cth) can protect artistic works.

Ask who created identifiable artwork and who owns its copyright, then request permission from the copyright owner. The creator is generally the owner, but ownership can vary and there can be more than one owner.

Permission to use the physical artwork does not automatically include copyright. Ask whether the permission covers the artwork’s appearance in the proposed video and brand use.

Whether a particular background appearance requires permission depends on the work, how it appears, the proposed use and any applicable licence or exception. Visibility alone does not prove infringement.

Ask who supplied the setting and whether the rights for identifiable artwork are documented. The brand should check material it supplied as well.

If the artwork or its permission source cannot be identified, mark it unresolved before use. If clearance is uncertain, consider a different location or version, or obtain advice on the specific footage; review each final crop rather than assuming an edit has removed the issue.

Keep the clearance with the cut

For each version, record the track, relevant visible material, rights holder or permission source, permitted channels, territory, term and any credit or restriction. Keep the licence or written permission from the copyright owner with the export.

A licence can be restricted by duration, geographical area or permitted uses, so record the scope actually granted. A clean master without added music can make later versions easier to assess.

Recheck the record when a new soundtrack, crop or platform is proposed. If a track or artwork has no documented permission for that use, keep it unresolved rather than treating the creator’s video licence as clearance.