These terms cover sounds picked from TikTok's Commercial Music Library, in the app, web app or Creative Center
These terms apply when you use sounds, whether music or non-music, that you select from TikTok's Commercial Music Library (the CML). They apply whether you reach the library through the TikTok mobile app, the web application or the TikTok Creative Center website. The terms call the sounds selected from the CML “Commercial Sounds”.
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apply to the use of sounds (music and non-music) selected from TikTok’s “Commercial Music Library” (the “CML”), whether via the TikTok mobile app, web application or TikTok Creative Center website
Sounds selected from the CML will be referred to in these Terms as “Commercial Sounds”.
Qualifications & exceptions
The scope sentence ties the terms to sounds selected from the CML; it does not say the terms govern any other TikTok sound library.
Not stated here
The text supplied states no effective date, version date or contracting TikTok entity, so which TikTok company is the counterparty is not stated here.
Content & IP Rights · Context
Brands and advertisers can use the library too; “Commercial Uses” means brand association or advertising on TikTok
Besides individual users, the CML and its Commercial Sounds are made available to brands, businesses, commercial entities and advertisers, called “Business Users”, for videos they post on TikTok. The listed types of use are not a closed list: they include associating a Commercial Sound with a brand, logo, trademark or other brand-identifying characteristics, and advertising, marketing, endorsing, sponsoring or publicizing a product or service on TikTok, including paid “hashtag challenges”. These uses are together called “Commercial Uses”.
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In addition to the CML being accessible by individual users, the CML and Commercial Sounds are also made available to brands, businesses, commercial entities and advertisers (collectively, “Business Users”) for inclusion in videos for posting on TikTok
which may include, but not be limited to the following types of uses:
The association of a Commercial Sound with a brand, logo or trademark or other brand identifying characteristics.
Advertising, marketing, endorsing, sponsoring or publicizing (including so-called paid "hashtag challenges") a product and/or service on TikTok.
These types of uses will be referred to as “Commercial Uses”.
Qualifications & exceptions
Business Users are defined as brands, businesses, commercial entities and advertisers; the source gives no further test for who counts as one.
The second listed use is limited to promoting a product or service on TikTok.
Not stated here
The text does not say where the line falls between a Commercial Use and an ordinary personal use by an individual, beyond the two listed examples and the open-ended “not be limited to” wording.
If you engage in Commercial Uses, you acknowledge and agree to the numbered terms that follow
The conditions that follow apply to a person who engages in Commercial Uses: by doing so, you acknowledge and agree to them. The wording ties the commitments to Commercial Uses rather than to every use of a sound from the library.
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If you engage in Commercial Uses, you acknowledge and agree to the following terms:
Not stated here
The text does not say what terms apply to an individual who uses a Commercial Sound without engaging in Commercial Uses.
Content & IP Rights · Restriction or exception
Commercial Sounds may be posted and shared only within TikTok; use elsewhere needs the rights holder's permission
You may post or share videos that include Commercial Sounds only inside TikTok and with the sharing features TikTok makes available to its users. Commercial Uses outside TikTok are not permitted, and TikTok grants no rights for them. Any outside use depends on you getting separate permission and licensing the necessary rights directly from the Commercial Sound's rights holder or holders. The examples given are posting videos on third-party digital platforms and putting Commercial Sounds in audio or audiovisual content on television, radio or in theatrical media; the list is not complete.
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You may only post or share videos that include Commercial Sounds within TikTok and by using the sharing features made available to TikTok users.
Commercial Uses outside of TikTok are not permitted and no rights are granted by TikTok for such uses.
Any uses outside of TikTok are subject to you obtaining separate permission and licensing the necessary rights directly from the Commercial Sound rights holder(s).
These types of outside uses include, but are not limited to, posting videos on third party digital platforms and inclusion of Commercial Sounds in audio or audiovisual content on television, radio and in theatrical media.
Qualifications & exceptions
The restriction as written concerns Commercial Uses outside TikTok and sits among the commitments that apply if you engage in Commercial Uses.
Not stated here
The text does not say how rights holders can be identified or reached, or what a separate license from them would cost.
Content & IP Rights · Restriction or exception
You may not make available, distribute or perform a Commercial Sound separately from your video
You may not make available, distribute or perform a Commercial Sound apart from the video you put it into. The sound may be used only as part of the video that incorporates it.
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You are not permitted to make available, distribute, or perform the Commercial Sounds separately from the videos into which you have incorporated the Commercial Sound.
Not stated here
The text does not say whether re-posting the same video in another TikTok feature counts as separate distribution; it only prohibits separation from the video.
Legal Rights & Agreement Rules · Restriction or exception
No illegal or rights-violating use; some Commercial Sounds carry extra restrictions shown in the CML
You may not use Commercial Sounds in an illegal manner or in any way that violates the rights of third parties. You also may not use them with content that is illegal or otherwise violates TikTok's “Terms of Service”, including any associated “Community Guidelines”. Some Commercial Sounds may be subject to additional requirements or restrictions, which are specified in the CML itself, and you agree to comply with those additional requirements when you use those sounds.
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You are not permitted to use Commercial Sounds in an illegal manner or in any way that violates the rights of third parties, or in connection with any content that is illegal or otherwise violates TikTok’s “Terms of Service” (including any associated “Community Guidelines”).
In addition, some of the Commercial Sounds may be subject to additional requirements and/or restrictions, as further specified in the CML. You agree to comply with these additional requirements when you use Commercial Sounds.
Qualifications & exceptions
The extra requirements apply only to “some” Commercial Sounds, as specified for each in the CML.
Not stated here
TikTok's Terms of Service and Community Guidelines are referenced here but are not part of the supplied text, and the per-sound requirements in the CML are not supplied either, so what they require is not known from this document.
Content & IP Rights · Restriction or exception
Commercial Sounds are the only sounds offered for Commercial Uses; other sounds carry no such rights
Commercial Sounds are the only sounds TikTok makes available for Commercial Uses. For any other sound, music or non-music, no rights are granted to make Commercial Uses of it on or through TikTok.
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Commercial Sounds are the only sounds made available on TikTok for Commercial Uses.
Otherwise, no rights are granted to make Commercial Uses of any other sounds (music and non-music) on or through TikTok.
Not stated here
The text does not describe what happens to a Commercial Use of another sound beyond saying no rights are granted for it.
Charges & Financial Obligations · Company practice
Premium Tracks may cost an extra fee, shown when you purchase the ad inventory
Commercial Sounds marked “Premium” (Premium Tracks) may be subject to an additional fee for use. The amount can vary, and the calculation of any fee is shown at the time you purchase the applicable ad inventory. Apart from this fee, all other terms that apply to Commercial Sounds also apply to Premium Tracks.
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Commercial Sounds designated as “Premium” (“Premium Tracks”) may be subject to an additional fee for their use.
The exact amount may vary and the calculation of any associated fee for use of a Premium Track will be displayed at the time you purchase the applicable ad inventory.
Except as described in this paragraph, all other terms and conditions applicable to Commercial Sounds also apply to Premium Tracks.
Qualifications & exceptions
The fee is described with “may” and “the exact amount may vary”, so it is not a fixed or guaranteed charge.
Not stated here
The text does not give any fee amount or formula, does not say who receives the fee, and does not say how the fee relates to a Business User's other charges for ad inventory.
Sharing & Disclosure · Permission or license
Business Users let TikTok report their usage and audience data to the sound's rights holders
For Commercial Uses by Business Users, each Business User grants TikTok and its affiliates the right to provide data reporting to the rights holders of the Commercial Sounds the Business User used, in each instance. The data may include views, creations, likes, followers, the Business User's platform account name, the country of its home offices, its industry, campaign names and its targeted audience data, which may include gender, personal interests and geo-location; the list is not limited to these. Data TikTok shares under this paragraph is at all times subject to all applicable privacy and data sharing laws and regulations.
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With respect to Commercial Uses by Business Users, each such Business User hereby grants to TikTok and its affiliates the right to provide data reporting to the rights holders of the Commercial Sounds used by the Business User in each instance.
This data may include the number of views, creations, likes, followers, Business User platform account name, country of the Business User’s home offices and industry in which the Business User operates, the campaign name(s) and Business User’s targeted audience data, which may include, but may not be limited to, gender, personal interests and geo-location.
Any data shared by TikTok pursuant to this paragraph will at all times be subject to all applicable privacy and data sharing laws and regulations.
Qualifications & exceptions
This grant is by Business Users for their Commercial Uses; the paragraph does not say it covers uses by individual users who are not Business Users.
The data categories are examples (“may include”, “may not be limited to”), and the audience-data examples are described as the Business User's targeted audience data.
Not stated here
The text does not say whether the reported data is aggregated or identifies individual viewers, how often it is reported, how long the rights holders may keep it, or what the rights holders may do with it.
The privacy and data sharing laws that apply are not named.
Legal Rights & Agreement Rules · Restriction or exception
You, including Business Users, are responsible for claims from breach, unauthorized use or unlicensed library use
You, a term that expressly includes Business Users, are responsible for claims and disputes that arise from three things: (i) your failure to follow these Terms, the “TikTok for Business Commercial Terms of Service” or TikTok's “Terms of Service”; (ii) your unauthorized use of Commercial Sounds, wherever or however accessed; and (iii) your unauthorized, unlicensed use of sounds in the non-commercial “General Music Library” that is made available to personal users of TikTok.
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You (including Business Users) are responsible for any claims and disputes that arise from (i) your failure to adhere to and abide by these Terms, the “TikTok for Business Commercial Terms of Service” or TikTok’s “Terms of Service”; (ii) your unauthorized use of Commercial Sounds (wherever or however accessed); and (iii) your unauthorized, unlicensed use of sounds contained in the non-commercial “General Music Library” made available to personal users of TikTok.
Not stated here
The “TikTok for Business Commercial Terms of Service” and TikTok's “Terms of Service” are referenced but not supplied, so their content is not known from this document.
The text does not say what counts as “unauthorized” use beyond the other restrictions in these Terms.
Legal Rights & Agreement Rules · Restriction or exception
If a claim is brought against TikTok or its affiliates, you must indemnify and hold them harmless
If any such claim is brought against TikTok or its affiliates, including a complaint, investigation, dispute, litigation or arbitration, you must indemnify and hold harmless TikTok and its affiliates from and against that claim. This follows the list of claims you are responsible for in the same paragraph.
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In the event of any such claim, including any complaint, investigation, dispute, litigation or arbitration brought against TikTok and/or its affiliates, you shall indemnify and hold harmless TikTok and its affiliates from and against each such claim.
Qualifications & exceptions
“Such claim” refers back to the three categories of claims listed earlier in the same paragraph.
Not stated here
The text sets no cap, procedure or notice requirement for the indemnity, and does not say whether TikTok's own fault limits it.
Through Creative Center, use each Commercial Sound only on its listed “Usable Placements”
If you reach the CML or Commercial Sounds through the TikTok Creative Center web portal, and not the TikTok mobile app, you must follow the “Usable Placements” designation for each Commercial Sound when choosing a sound for your planned use. A Commercial Sound may only be used on the platforms listed under “Usable Placements” in the web portal version of the CML. To use it in videos on any other media or platform you must get separate permission from the rights holders, and you are responsible for that permission and any license fees. A platform not listed for a sound is to be treated as not permitted unless you first obtain the required consents and approvals from the applicable rights holder or holders.
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If you access the CML or Commercial Sounds through the TikTok Creative Center web portal (and not via the TikTok mobile application), you must pay attention and adhere to the "Usable Placements" designation with respect to each Commercial Sound
Commercial Sounds may only be used on designated platforms, which are listed in the “Usable Placements” section of the web portal version of the CML.
To use Commercial Sounds in videos on media or platforms other than the platforms listed under “Usable Placements”, you must obtain separate permission from the rights holders, and you are responsible for such permissions and any associated license fees.
Any platform not designated under the “Usable Placements” section should be considered not permitted for use of the Commercial Sound in question unless you first obtain the required consents and approvals from the applicable rights holder(s).
Qualifications & exceptions
The “Usable Placements” requirement is stated for access through the Creative Center web portal and not via the mobile application.
Not stated here
The Usable Placements lists are in the web portal version of the CML and are not part of the supplied text, so which platforms they allow is not known.
The text does not say whether the Usable Placements designation also applies to a Commercial Sound accessed only through the mobile app.
Cross-references
contrast (model-proposed): Commercial Sounds may be posted and shared only within TikTok; use elsewhere needs the rights holder's permission — contrast: One paragraph limits posting and sharing of Commercial Sounds to within TikTok and says outside Commercial Uses are not permitted without separate rights. The Creative Center paragraph lets a Commercial Sound be used on the platforms listed under Usable Placements, and requires separate permission for any others. The supplied text does not say whether a listed placement can ever be a platform outside TikTok, so the two are kept side by side rather than reconciled.
Content & IP Rights · Company practice
If TikTok loses rights to a sound, it may take down or mute your videos, with no liability to you
If TikTok at any time loses the right, for any reason, to make available a sound that was previously a Commercial Sound in the CML, TikTok may, in its sole discretion, take down videos or other associated audiovisual content that embody that sound, or mute the audio so the sound can no longer be heard when the video plays. TikTok has no liability to you or to any third party for the loss of rights tied to that sound, its removal from the CML, or the resulting take down or muting of videos that embody it.
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If TikTok, at any time, loses the right, for any reason, to make available a particular sound that was previously available as a Commercial Sound in the CML
TikTok, in its sole discretion, may take down any videos (or any other associated audiovisual content) embodying the Commercial Sound in question or mute the audio so that the Commercial Sound is no longer audible when the video is played.
TikTok has no liability to you or any third party with respect to the loss of rights associated with a particular Commercial Sound (and its removal from the CML), or the resulting take down or muting of videos embodying such Commercial Sound.
Qualifications & exceptions
The take-down or muting applies to videos embodying the particular sound whose rights TikTok has lost, and the text says TikTok “may” do so in its sole discretion rather than that it will.
The no-liability sentence covers the loss of rights, the sound's removal from the CML, and the resulting take down or muting.
Not stated here
The text does not say whether TikTok will give notice before or after removing or muting a video, and does not say whether any fee already paid for a Premium Track or ad inventory is refunded or affected.