Commercial Music Library – User Terms

Content & IP Rights · Context

These terms govern use of sounds selected from TikTok's Commercial Music Library

The Commercial Music Library Terms apply to the use of sounds, both music and non-music, that are selected from TikTok's Commercial Music Library (the CML), whether the CML is reached through the TikTok mobile app, the web application or the TikTok Creative Center website. Sounds selected from the CML are called Commercial Sounds in these Terms.

Supporting quotations

These “Commercial Music Library Terms” (the “Terms”) 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

• Covers sounds selected from the CML, not other sounds on TikTok.

Not stated here

• The supplied text states no effective date or last-updated date, and does not name the TikTok entity that offers the CML.

Content & IP Rights · Context

Businesses and advertisers can use Commercial Sounds in videos posted on TikTok

Besides individual users, the CML and Commercial Sounds are made available to brands, businesses, commercial entities and advertisers, called Business Users, for inclusion in videos posted on TikTok. The listed examples of such uses are 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 types of use are called Commercial Uses.

Supporting quotations

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

• The two listed types are examples: the source says the uses "may include, but not be limited to" them, so Commercial Uses is not a closed list.

Not stated here

• The text does not say how an activity not on the list is decided to be a Commercial Use.

Legal Rights & Agreement Rules · Context

Engaging in Commercial Uses means agreeing to the terms that follow

The numbered terms that follow are introduced by the statement that if you engage in Commercial Uses, you acknowledge and agree to them.

Supporting quotations

If you engage in Commercial Uses, you acknowledge and agree to the following terms:

Qualifications & exceptions

• Acknowledgment and agreement is stated for a person who engages in Commercial Uses.

Not stated here

• The opening paragraph says the Terms apply to use of Commercial Sounds generally, while this lead-in ties the following terms to Commercial Uses; the text does not say which terms, if any, bind a use that is not a Commercial Use.

Content & IP Rights · Restriction or exception

Videos with Commercial Sounds may only be posted or shared within TikTok

You may post or share videos that include Commercial Sounds only within TikTok, using the sharing features TikTok makes available to its users. Commercial Uses outside TikTok are not permitted, and TikTok grants no rights for them.

Supporting quotations

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.

Qualifications & exceptions

• Applies to videos that include Commercial Sounds.
• Sharing must use the features made available to TikTok users.

Not stated here

• The text does not define what counts as sharing "within TikTok" beyond the reference to TikTok's own sharing features.

Cross-references

• contrast (model-proposed): Creative Center users must stay within each sound's Usable Placements — One term confines posting and sharing of videos with Commercial Sounds to TikTok and says Commercial Uses outside TikTok are not permitted; the Creative Center term says Commercial Sounds may only be used on platforms designated in the Usable Placements list and calls for separate rights-holder permission only for platforms not on that list. The text does not state whether the Usable Placements list designates any platform other than TikTok.

Content & IP Rights · Restriction or exception

Uses outside TikTok require separate licensing from the rights holders

Any use outside TikTok is subject to you obtaining separate permission and licensing the necessary rights directly from the rights holders of the Commercial Sound. The source gives examples of outside uses: posting videos on third-party digital platforms, and including Commercial Sounds in audio or audiovisual content on television, radio and in theatrical media. The examples are not a complete list.

Supporting quotations

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 examples of outside uses are introduced as "include, but are not limited to".

Not stated here

• The text does not identify the rights holders or how to contact them.

Content & IP Rights · Restriction or exception

Commercial Sounds may not be distributed or performed apart from the video

You are not permitted to make available, distribute or perform Commercial Sounds separately from the videos into which you have incorporated them.

Supporting quotations

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.

Qualifications & exceptions

• Prohibition applies to use separate from the videos into which you incorporated the sound.

Legal Rights & Agreement Rules · Restriction or exception

Commercial Sounds may not be used illegally or with content that breaks the law or TikTok's rules

You may not use Commercial Sounds in an illegal manner, in any way that violates the rights of third parties, or in connection with content that is illegal or otherwise violates TikTok's Terms of Service, including any associated Community Guidelines.

Supporting quotations

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”).

Not stated here

• TikTok's Terms of Service and Community Guidelines are referenced but not supplied in this source, so what they prohibit is not stated here.

Content & IP Rights · Restriction or exception

Some Commercial Sounds carry extra requirements stated in the CML

Some Commercial Sounds may be subject to additional requirements or restrictions specified in the CML. You agree to comply with those additional requirements when you use Commercial Sounds.

Supporting quotations

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

• Applies to those Commercial Sounds whose CML entry specifies extra requirements.

Not stated here

• The additional requirements are specified in the CML itself and are not part of this text, so their content is unknown.

Content & IP Rights · Restriction or exception

Commercial Sounds are the only sounds licensed for Commercial Uses on TikTok

Commercial Sounds are the only sounds TikTok makes available for Commercial Uses. No rights are granted to make Commercial Uses of any other sounds, music or non-music, on or through TikTok.

Supporting quotations

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.

Qualifications & exceptions

• Concerns rights granted by these Terms for sounds on or through TikTok.

Not stated here

• The text does not address Commercial Uses of sounds the user licenses directly from a rights holder.

Charges & Financial Obligations · Company practice

Premium Tracks may carry an additional fee

Commercial Sounds designated as Premium, called Premium Tracks, may be subject to an additional fee. The amount can vary, and the calculation of any fee for a Premium Track is displayed when you purchase the applicable ad inventory. Apart from the fee, all other terms that apply to Commercial Sounds also apply to Premium Tracks.

Supporting quotations

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

• Applies only to sounds designated Premium.
• The source says a fee "may" apply, not that one always does.
• The fee calculation is shown when you purchase the applicable ad inventory.

Not stated here

• The fee amount and its calculation are not stated in this text, nor is who receives the fee.

Sharing & Disclosure · Permission or license

Business Users grant TikTok the right to report their usage data to 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 of use. Any data TikTok shares under this paragraph is at all times subject to all applicable privacy and data sharing laws and regulations.

Supporting quotations

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.

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

• Applies to Commercial Uses by Business Users, not to individual users.
• Reports go to the rights holders of the Commercial Sounds the Business User used.
• Sharing remains subject to applicable privacy and data sharing laws and regulations.

Not stated here

• The text does not name the rights holders, say how often reports are made, or say whether the data is aggregated or identifies individual people.
• The privacy and data sharing laws are not named.

Sharing & Disclosure · Company practice

Reported data may include account, campaign and targeted-audience details

The data TikTok may report to rights holders may include the number of views, creations, likes and followers, the Business User's platform account name, the country of its home offices and the industry in which it operates, the campaign names, and the Business User's targeted audience data. Targeted audience data may include gender, personal interests and geo-location. Neither list is exhaustive: the data is introduced with "may include" and the audience data with "may include, but may not be limited to".

Supporting quotations

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.

Qualifications & exceptions

• Applies to data reported about Business Users' Commercial Uses.
• The items are examples; the audience-data list is expressly not limited to those items.

Not stated here

• The text does not say whether audience data is reported as individual-level or aggregate information.

Legal Rights & Agreement Rules · Restriction or exception

You are responsible for claims arising from breach or unauthorized use of sounds

You, including Business Users, are responsible for claims and disputes that arise from three situations: your failure to adhere to these Terms, the TikTok for Business Commercial Terms of Service or TikTok's Terms of Service; your unauthorized use of Commercial Sounds, wherever or however accessed; and your unauthorized, unlicensed use of sounds in the non-commercial General Music Library made available to personal users of TikTok.

Supporting quotations

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.

Qualifications & exceptions

• Limited to the three listed situations.

Not stated here

• The TikTok for Business Commercial Terms of Service and TikTok's Terms of Service are referenced but not supplied in this source.
• The text does not define when use is "unauthorized" beyond the other terms.

Legal Rights & Agreement Rules · Restriction or exception

You must indemnify TikTok and its affiliates against such claims

If a claim of this kind 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.

Supporting quotations

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

• Applies to claims within the three situations in the preceding responsibility term.
• Covers claims brought against TikTok and/or its affiliates, including complaints, investigations, disputes, litigation or arbitration.

Not stated here

• The text states no cap, notice procedure or list of covered costs.

Content & IP Rights · Restriction or exception

Creative Center users must stay within each sound's Usable Placements

If you access the CML or Commercial Sounds through the TikTok Creative Center web portal rather than the TikTok mobile application, you must follow the Usable Placements designation for each Commercial Sound. Commercial Sounds may only be used on the designated platforms listed in the Usable Placements section of the web portal version of the CML. To use them on media or platforms not listed, you must obtain separate permission from the rights holders and you are responsible for such permissions and any associated license fees. A platform not designated is considered not permitted unless you first obtain the required consents and approvals from the rights holder(s).

Supporting quotations

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 in order to select the appropriate Commercial Sound for your planned use.

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

• Applies when the CML is accessed through the Creative Center web portal and not the TikTok mobile application.
• Permission to use an undesignated platform comes from the rights holders, and any license fees are your responsibility.

Not stated here

• The Usable Placements list is in the web portal and not in this text, so which platforms it designates, and how it relates to the rule that videos are posted only within TikTok, is not stated.
• The text does not say whether the Usable Placements rule also applies to use through the mobile app or web application.

Cross-references

• contrast (model-proposed): Videos with Commercial Sounds may only be posted or shared within TikTok — One term confines posting and sharing of videos with Commercial Sounds to TikTok and says Commercial Uses outside TikTok are not permitted; the Creative Center term says Commercial Sounds may only be used on platforms designated in the Usable Placements list and calls for separate rights-holder permission only for platforms not on that list. The text does not state whether the Usable Placements list designates any platform other than TikTok.

Content & IP Rights · Permission or license

TikTok may take down or mute videos if it loses rights to a Commercial Sound

If TikTok, at any time and for any reason, loses the right to make available a sound that was previously available as a Commercial Sound in the CML, TikTok may, in its sole discretion, take down any videos or other associated audiovisual content embodying that sound, or mute the audio so the sound is no longer audible when the video is played.

Supporting quotations

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.

Qualifications & exceptions

• Applies only if TikTok loses the right to make the particular sound available as a Commercial Sound.
• The choice between take-down and muting is in TikTok's sole discretion.

Not stated here

• The text does not say whether or how users are notified before a video is taken down or muted, or whether the sound is later restored.

Legal Rights & Agreement Rules · Restriction or exception

TikTok has no liability to you or third parties when a sound is removed

TikTok says it has no liability to you or any third party for the loss of rights associated with a particular Commercial Sound, its removal from the CML, or the resulting take-down or muting of videos that embody that sound.

Supporting quotations

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

• Covers loss of rights to a particular Commercial Sound, its removal from the CML, and the resulting take-down or muting of videos.

Not stated here

• The text does not address whether any fee paid for a Premium Track or for ad inventory is refunded when a sound is removed.