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Accepting legal team. Or incompetence. I worked agency-side as a CM/Social Strat. We weren’t ever allowed to use things like that bc it would be “our fault” if the brand got sued. However, if the internal team did it, that would be that. Either they don’t have a legal team with a stick up their ass, or they don’t even think about it. You’d be surprised at how many social media managers are oblivious about social media rules.
It’s often used as a strategy; done purposely so they can get as much traction as they can for free for as long as they can before receiving a cease and desist from the artist’s legal team.
They are just risking it. It is a gamble. They figure they’ll get a takedown notice but there is a chance they’ll get sued. But I agree with assistant account executive 1–legal team is lax or the agency didn’t do it/client assumed risk etc.
My understanding is you can do it if it’s purely organic, but you can’t put any money behind it to boost.
Any brand posting is considered commercial use so it violates copyright law, even if it’s organic.
They are doing it illegally because A) they don’t know any better, or B) they think they can get away with it. There are a few brands that have been sued recently for big $$$$ because they thought they could just run any popular song on their social media and branded videos without licensing it first. Peloton and Crumbl Cookie are 2 that immediately come to mind.