Why brands need to pay attention to what they’re posting

When a brand posts content that promotes their business—whether paid media or simply on their own social feed—it’s an ad. And that means it’s subject to licensing, rights, contract and regulatory obligations. Hughes notes: “Advertising is not protected by the First Amendment… there is no fair use and no parody [if it’s a brand‑sponsored ad].”

Fair use and influencer content

One tricky area is influencer content. If someone is posting for fun, or building their personal profile, there may be broader fair use leeway. But once a brand is involved, that changes. A brand’s post using a copyrighted song or video clip without proper clearance is risky.

Hughes draws a hard line: sometimes a “viral feel” video may look free—but the brand may simply be willing to accept the risk, or have made a behind‑the‑scenes deal you don’t see.

What about the “little guys”?

For small companies (say, a local service business posting a fun TikTok to a popular song), the risk may seem low. But it’s not zero. Hughes advises: understand the risk, and make a conscious decision. Posting with unlicensed music because “everyone’s doing it” is still a gamble.

The downside: a copyright lawyer or rights owner might scrape older posts, find out you used a track beyond the term limit, and demand compensation.

The rise of AI enforcement

Hughes also reveals how AI is increasingly being used to scan the internet for unlicensed use of songs, images and videos. Some rights owners deploy AI engines to detect use of their works: if your video uses a song and the license term expired (or wasn’t obtained), you could be facing retrospective claims. As the cost and speed of enforcement escalate, brands of all sizes will face growing exposure.

Practical steps for brands when considering social media content

  • Check: Are you using a song, image, or talent you don’t own? If yes: secure a license before using it for promotion.
  • Define your content: Are you simply posting educational/behind‑the‑scenes content, or is it promoting your business? If the latter, treat it as an ad.
  • When licensing, ask for archival/perpetual rights (especially for owned‑feed videos) to avoid future “term expired” liability.
  • Be honest about risk: Smaller businesses may decide the risk is acceptable—but it must be a conscious choice, not a blind jump.
  • Use the tools available: Social platforms often provide “commercial music libraries” in‑app; using those is typically safer than grabbing a trending hit.

Why this matters for service businesses

In the home‑services space (roofing, plumbing, HVAC, landscaping, etc.), the pressure to stand out online is real. And while big budgets may exist, so do constraints. A fun dance video or trending song may seem like a low‑cost way to generate buzz, but the downstream liability can overshadow the short‑term benefit. As the marketplace becomes more savvy about rights, even “viral” content without clearance may cause more harm than good.

Creating great content AND doing it safely aren’t mutually exclusive—but you have to plan for both. As Matthew Hughes puts it: don’t lie, don’t steal, and understand your risk. If you do that, you’ll be better off creating memorable content that stays out of the courtroom.