Sync Licensing in the Digital Age: Should Music Usage in Influencer Campaigns be Accounted as Sync Placements?

 

by idkblanco | 6 min read

The digital age has revolutionised marketing, with social media influencers now pivotal in brand campaigns. These influencers often incorporate music to enhance their content, blurring the lines between creative expression and commercial promotion. Yet, as local influencers and brands increasingly harness music to fuel viral campaigns, a critical question arises: Should music used in paid influencer campaigns be classified as synchronisation (sync) placements, ensuring artists are fairly compensated? In a country where creativity thrives but systemic inequities persist, the line between “exposure” and exploitation is dangerously blurred. This article explores the ethical, legal, and economic dimensions of this subject, arguing that influencer-branded content demands the same licensing rigour as traditional media to uphold artists’ rights in the evolving digital economy.

The Case for Sync Licensing in Influencer Campaigns

Commercial Intent and Parallels to Traditional Media

Influencer campaigns are inherently commercial. Brands invest in influencers to promote products, mirroring traditional advertisements where sync licenses are mandatory. For instance, a beauty influencer’s TikTok video featuring a popular song in a sponsored makeup tutorial functions akin to a TV ad. Both pair music with visuals to drive sales, yet influencers often bypass formal licensing, relying on platforms’ pre-cleared libraries. This discrepancy denies artists revenue from their work’s commercial exploitation.

Legal Precedents and Licensing Gaps

Sync licences, required when music is paired with visual media, are legally binding. However, platforms like Instagram and TikTok offer music under blanket licenses that typically exclude commercial use. Influencers and brands frequently misinterpret these terms, risking infringement. For example, legal cases such as APM Music v. Johnson & Johnson illustrate the mounting scrutiny over unlicensed music use. Could we potentially see courts soon mandating stricter compliance, even for user-generated content? For brands, these lawsuits represent more than just financial losses – they also threaten brand reputation. A public legal battle over intellectual property can potentially diminish consumer trust, making it essential for brands and influencers to take proactive steps to avoid these risks.

Economic Implications for Artists

The global influencer market size is estimated to be worth a staggering $24 billion as of 2024. Active players in this industry leverage music to engage audiences, yet artists seldom see compensation. Established musicians rely on sync fees, while emerging artists lose potential revenue. Exposure, often cited as adequate compensation, fails to pay bills, underscoring the need for structural change.

Implementation Challenges: Why South Africa’s Industry Lags

1.    Awareness Gaps

One of the most critical challenges is the widespread lack of understanding regarding copyright law among local influencers and small-to-medium enterprises (SMEs). A common misconception in music usage around influencer marketing is that because music is in a platform’s Creator Library, it can be used in an ad or paid partnership post. That is not the case. Just because a piece of music is in a platform’s Creator Library, it doesn’t mean it can be used in an ad or paid partnership post.

To bridge this knowledge gap, industry bodies and collective management organisations should intensify their educational outreach. By partnering with local media and digital training institutes, they can run comprehensive awareness campaigns that clarify the distinctions between personal and commercial music use and outline the potential legal and financial risks associated with non-compliance.

2.    Enforcement Hurdles

Tracking unlicensed use is nearly impossible at scale. While SAMRO monitors traditional media, social media remains a blind spot. Tracking millions of influencer posts globally is daunting. Unlike traditional media, influencer content is decentralised and ephemeral, complicating enforcement. CMOs like SAMRO lack resources and the technology to monitor and flag unauthorised commercial uses of every campaign, risking inconsistent compliance.

3.    Economic Barriers

Unlike major brands, small creators might struggle with licensing costs. Micro-influencers, who dominate South Africa’s market, can come out and argue that sync fees are exorbitant. One can argue that this narrative could stifle creativity, particularly for micro-influencers with limited budgets.

Solutions to Bridge the Gap

1.    Education and advocacy

Collective management organisations should educate influencers and brands about licensing requirements, clarifying distinctions between personal and commercial use. Secondly, social media platforms profit from influencer content but evade the responsibility of licensing. These platforms should take on the responsibility of explicitly warning users about restrictions on licensed music in paid partnerships. Another enforcement opportunity is directing brands and influencers to affordable sync solutions (preferably a tiered pricing model with reduced fees for nano-influencers).

2.    Innovative Licensing Models

Inspired by TikTok’s Commercial Music Library, real-time licensing solutions could be integrated directly into the content creation workflow. This would allow creators to secure a sync license with minimal disruption to their posting schedule.

Second, stakeholders across the industry can collaborate to negotiate standardised sync fees, similar to streaming royalty models. Such collective bargaining could lead to the establishment of tiered pricing systems that ensure fair compensation while remaining accessible for nano-influencers.  

3.    Technological Enforcement and Monitoring

While YouTube’s Content ID system polices unauthorised use, TikTok and Instagram lack equivalent tools for commercial posts. This shortfall not only perpetuates the gap in fair compensation but also leaves brands vulnerable to legal repercussions. Emerging AI-driven technologies and digital tracking systems offer promising avenues for enforcement. Advanced algorithms would have the ability to flag unlicensed music usage in real time. Such systems could automatically prompt remedial actions – ranging from retroactive payments to content takedowns – thus ensuring compliance without compromising the fluid nature of influencer content.

Ethical Considerations and the Path Forward

The ethical core of this debate revolves around fairness: brands profit from music while artists are sidelined. According to the International Federation of the Phonographic Industry’s (IFPI’s) latest Global Music Report, South Africa remains the largest market in the Sub-Saharan region, accounting for 74.6% or $82.06 (R1.51 billion) of revenue in 2024, yet systemic inequities persist, underscoring the need for reform.

The transition toward classifying influencer-branded content as sync placements is not solely about legal compliance – it is about rebalancing power in a profit-driven digital economy. Ethical practices must prioritise the rights of artists, ensuring that they receive fair compensation for their contributions to the creative ecosystem. This issue mirrors broader challenges in the digital age, from streaming payouts to disputes over AI-generated content, and calls for a holistic, multi-stakeholder approach to reform.

Setting a Global Standard for Ethical Commerce

Classifying influencer-branded content as sync placements is not just logical but necessary to align with digital media’s commercial realities. While challenges like scalability and awareness persist, solutions lie in collaborative innovation – leveraging technology, education, and policy updates. As the lines between traditional and digital media dissolve, the music industry must adapt, ensuring artists thrive in the influencer era. Fair compensation is not merely a legal formality but a moral imperative, safeguarding creativity in a profit-driven landscape.

The evolution of sync licensing will shape the future of both music and marketing. By addressing these issues proactively, South African stakeholders can foster an ecosystem where art and commerce coexist equitably, honouring the value of music, empowering local artists, and setting a global standard for ethical commerce.

The rhythm of Mzansi’s music should enrich all stakeholders – not just the pockets of brands and influencers alone.