The barriers are deeply entrenched in the industry’s DNA. A single track often has a dozen songwriters, multiple publishers, and a record label, who all must give the green light. “Most-favored-nation” (MFN) clauses—which dictate that all rightsholders must be paid the same rate—are a massive brake on automation. A “no” from one minor songwriter could empty the whole digital cart.
Until the industry can move toward automated, pre-negotiated bundles across a brand’s social footprint, the legal receipt will continue to outpace the creative win.
Creator-led collabs
By collaborating with artists, brands can stop borrowing trends and start owning them.
Skeptics argue that bespoke collaboration can’t scale at the speed of social. But scalability lives underneath the mainstream market. Independent music creators are often sitting on vast libraries of unreleased tracks, and they are far more agile than major labels.
By tapping into this ecosystem, brands can move beyond superficially echoing a trend and connect with niche communities. Perhaps they can even start a trend of their own.
Intentional audio increases engagement far more effectively than a generic Top 40 snippet. It’s the difference between a travel brand using Jess Glynne’s “Hold My Hand” to create a genuine phenomenon versus an ice cream brand forcing a fit with a Drake track just because it’s “hot.”
Facing the music
Some are holding out hope that countersuits—like DSW’s argument that platforms should be held responsible for the music in their libraries—will save the day. That is a slippery slope.
The era of “accidental” infringement is over, with labels carefully watching bottom lines. So, if your agency or brand team hasn’t updated its social-audio operations in the last 12 months, you aren’t just making content—you’re making a paper trail.
In 2026, the only thing more expensive than a global ad campaign is a “free” song.
