What’s Playing In The Background Could Cost Your Brand Everything

In this guest column, Vitasta Kaul, CMO at Hoopr, warns that using unlicensed music can lead to lawsuits and brand damage,urging brands to prioritize ethical, rights-cleared content.

What’s Playing In The Background Could Cost Your Brand Everything

In today’s digital sprint, we’re all guilty of cutting corners.

Deadlines are tight, content is king, and “Can we just use this track for now?” often feels like a reasonable workaround,until it isn’t.Because what’s playing in the background of your campaign video might actually be a lawsuit waiting to happen.

The recent ANI vs. YouTube creator controversy brought this into sharp focus. Whether or not you agree with ANI’s approach, it was a reminder that copyright isn’t some abstract legal concept,it’s a live wire. And brands aren’t exempt.

What Slipped Under the Radar Is now Under the Scanner

Multiple creators claimed ANI issued copyright strikes for using just a few seconds of footage. Some were asked to pay between Rs 15 to Rs 40 lakh to have those strikes removed. As it turns out, one second of video could cost more than your entire production budget.

To be fair, ANI is protecting its rights. But it also forces us to confront an uncomfortable truth: many of us,including brands,have built content libraries on borrowed creativity.

And we’ve gotten a little too comfortable doing it.

Big names, big misses.

This isn’t just a “small creator” issue. Some of the biggest names in the business have landed in legal trouble like: Myntra faced a Rs 5 crore lawsuit from Sony Music for using over 20 tracks in videos without sync licenses,One8 Commune, Virat Kohli’s restaurant chain, was flagged for playing music without PPL authorization,Epigamia got pulled up for using music in ads without clearance and even Marriott,global as it gets,had to answer for hundreds of unlicensed music uses on their social media.

What’s striking is that these are smart, experienced teams with ample resources. So why does this keep happening?

Because licensing is still treated as a final box to tick, not a foundational step to clear.

The Myth of Fair Use

Let’s be clear: using “just a few seconds” doesn’t automatically make it legal. In India, the fair dealing doctrine is narrow and rarely applies to commercial content. Commentary or critique may qualify. A clever reel or a catchy campaign does not.

Still, I’ve been in rooms where someone says, “It’s fine, we’ll just tweak the pitch,” or “It’s already on YouTube, must be okay to use.”

We’ve all heard it. Maybe even said it. But the landscape has shifted. AI detection tools are sharper. Labels and media houses are vigilant. And creators, rightly, are speaking up.

What Brands Owe Creators

Every beat, clip, or frame we use belongs to someone. Someone who shot it, composed it, or produced it. If we wouldn’t use their face without consent, why are we comfortable using their work?

This isn’t just about avoiding lawsuits. It’s about integrity in an industry that thrives on originality,especially when those same brands talk about “supporting creators” and “authentic storytelling.”

You can’t champion creators in the morning and swipe their work by the afternoon. Audiences notice. And increasingly, they’re calling it out.

Where the Real risk lies

Sure, you can pay a fine, settle a case, or take down a video. But you can’t buy back credibility. When a brand gets caught cutting corners, it creates a disconnect between what it claims to stand for and what it actually does.

That disconnect? That’s where trust breaks.

Time for a Systems Fix

This isn’t just a campaign-level issue. It’s a systemic one. Licensing and rights management need to be baked into the creative process,not bolted on at the end.

That means:Involving legal early on,Choosing music platforms that offer proper licenses,Training marketing teams to ask the right questions,And yes, sometimes saying no when a boss or client says, “Just use it,no one will notice.”

Because someone will.

What this Moment is Really about

The ANI backlash and the music lawsuits are symptoms of a bigger issue: the tension between speed and ethics.

We all want to move fast. But we also want to do the right thing. And those goals don’t always align,unless we intentionally make space for both.

It’s not easy. But it is necessary. Because in a creator-first world, your brand isn’t just judged by what it says. It’s judged by what it uses and whether it asked permission before hitting publish.