Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- Why Copyright Issues Happen On Instagram Reels (And Why Businesses Are Higher Risk)
How To Add Music To Instagram Reels Without Copyright Issues (Step-By-Step)
- Step 1: Decide Where The Reel Will Be Used (Instagram Only Or Multi-Platform?)
- Step 2: Use Audio Provided In Instagram’s Music Tool (Where It Fits Your Plan)
- Step 3: If You’re Using Licensed Music, Store Proof Of Your Licence
- Step 4: Make Sure Your Contracts Cover Music And IP Ownership
- Step 5: Add A Simple Compliance Check To Your Content Process
- Key Takeaways
If you’re using Instagram Reels to promote your products, show behind-the-scenes content, or run ads, adding music can be the difference between a scroll-past and a sale.
But for New Zealand businesses, music is also one of the fastest ways to accidentally step into copyright trouble - especially if you’re repurposing content across platforms, working with contractors, or posting from a business account.
This guide walks you through how to add music to Instagram Reels without copyright issues, what “copyright-safe” really means in practice, and what legal and commercial risks to watch out for when you’re creating content for your brand.
Why Copyright Issues Happen On Instagram Reels (And Why Businesses Are Higher Risk)
Copyright law protects original creative works - including music. In plain terms, if someone else created the music, you generally can’t use it in your marketing content unless you have permission (a licence) or your use fits within a narrow exception.
On Instagram Reels, businesses are more likely to run into problems because:
- Business accounts may have different music access (you might not see the same tracks as personal/creator accounts).
- Business use is commercial, which is typically riskier than personal use (because you’re using music to promote sales, services, or your brand).
- Reels are often repurposed to TikTok, YouTube Shorts, paid ads, websites, or EDMs - and music rights don’t automatically follow you everywhere.
- Multiple people may be posting (employees, agencies, contractors), increasing the chance that someone uses a track without checking rights.
Copyright issues on Reels commonly show up as:
- Audio being muted or removed
- Reels being blocked in certain countries or platforms
- Content takedowns (and account strikes)
- Loss of ad functionality for posts that include restricted audio
- Reputational issues if you’re seen as using creators’ work without permission
For small businesses, the big risk isn’t just “getting sued” - it’s losing momentum (and money) if your marketing content is taken down, your ads are rejected, or a campaign needs to be rebuilt at the last minute.
What “Copyright-Safe” Music Actually Means For Your Business
When people say “copyright-free” music, it can be misleading. Music is usually copyrighted by default.
In practice, if you want to add music to Instagram Reels without copyright issues, you’re looking for music that is licensed appropriately for the way you’re using it.
1) Music From Instagram’s Licensed Music Library (Where Available)
Instagram has agreements with many music rights holders, and that’s why you can add popular tracks inside the app.
However, there are a few important limitations for businesses:
- Availability varies by account type (business vs creator/personal), region, and sometimes the type of content.
- Not all tracks are cleared for commercial use in the same way you might assume. Some tracks may be available for certain uses but restricted for ads or business accounts.
- Using it “on Instagram” doesn’t automatically mean you can use it elsewhere (like your website, YouTube, or paid advertising on other platforms).
If your Reel is staying on Instagram and you’re using music made available inside the app for your account, this can be a practical low-friction option. That said, it’s not a guarantee that the track is cleared for every commercial purpose (such as boosting, ads, or reuse off-platform), so it’s worth checking restrictions before you rely on it for a campaign.
2) Royalty-Free Or Licensed Production Music
Production music libraries typically offer you a licence to use a track in specified ways - for example, social media content, digital advertising, or business promotions.
The key is that “royalty-free” usually means you don’t pay ongoing royalties per use - not that the music has no copyright.
For businesses, this can be a strong option because you can:
- Keep the same audio across multiple platforms
- Run the content as paid ads (if your licence allows)
- Store a record of your licence (helpful if there’s a claim)
3) Original Music (Commissioned Or Created For Your Brand)
If you commission a musician to create a track, or you have someone produce a jingle for your brand, you can build a cleaner rights position - but only if the contract is set up properly.
This is where businesses often slip up: paying for a track doesn’t automatically mean you own the copyright or can use it forever, everywhere.
If you’re working with contractors (like videographers, agencies, composers, or editors), it’s worth having clear written terms. A well-drafted Service Agreement can spell out ownership, licences, deliverables, and what happens if you reuse content in future campaigns.
4) Public Domain And Creative Commons (Use With Care)
Some music may be in the public domain, or offered under Creative Commons licences. These can be legitimate options, but they’re not “set and forget”.
You still need to check:
- Whether the specific recording is actually public domain (not just the composition)
- Whether attribution is required (and how it must be displayed)
- Whether commercial use is allowed
- Whether modifications are permitted (many marketing edits count as “adaptations”)
If you’re building a content pipeline for a brand, relying heavily on Creative Commons can become operationally risky unless someone is consistently verifying licences.
How To Add Music To Instagram Reels Without Copyright Issues (Step-By-Step)
Here’s a practical workflow you can use each time you publish a Reel. The goal is to reduce the chance of takedowns now, and reduce the chance of disputes later when your business scales or content gets repurposed.
Step 1: Decide Where The Reel Will Be Used (Instagram Only Or Multi-Platform?)
Before you pick audio, confirm your distribution plan:
- Instagram-only: You have more flexibility using music available in the app.
- Multi-platform (TikTok/YouTube/website/ads): You’ll usually want music you’ve licensed independently (or original music) so you can reuse it.
This one decision prevents a lot of future headaches. It’s very common for a Reel to “do well” and then get reused in an ad - and that’s where music restrictions can suddenly kick in.
Step 2: Use Audio Provided In Instagram’s Music Tool (Where It Fits Your Plan)
If a track is available to select inside Instagram for your account, that suggests Instagram has arranged certain licences for use on the platform. However, availability alone isn’t a guarantee that the track is cleared for every business use (for example, boosting/ads, certain placements, or reuse off-platform).
Practical tips:
- Save your chosen audio to a “brand safe” collection so your team can reuse it consistently.
- Test whether the same track is available when posting from your business account (not just your personal login).
- If you’re planning to boost the Reel, check whether Instagram flags limitations for ads.
Even with in-app music, it’s smart to keep your content strategy flexible (for example, having an alternate version with licensed production music ready to go if you need it for ads or cross-posting).
Step 3: If You’re Using Licensed Music, Store Proof Of Your Licence
If you source music from a library or commission it, treat your licence like a business record. You want to be able to show:
- What track you used
- Who provided it
- What your licence allows (platforms, ad usage, duration, territory)
- When the licence started and whether it expires
This is especially important when your marketing is handled by multiple people (founders, staff, contractors, or agencies). A simple internal folder system can save a lot of time if a platform challenges your usage.
Step 4: Make Sure Your Contracts Cover Music And IP Ownership
If a videographer or agency is delivering Reels to you, don’t assume you automatically own the final edit or the audio choices.
At a minimum, your written agreement should cover:
- Who is responsible for sourcing “copyright-safe” music
- Who owns the finished video edit
- Whether you can reuse the Reel across platforms and in paid ads
- Whether subcontractors are involved (and whether you have rights from them too)
If you engage contractors regularly, this is also where classification matters - for example, using a proper Contractor Agreement so expectations are clear and you’re protected from day one.
Step 5: Add A Simple Compliance Check To Your Content Process
You don’t need to turn Reels into a legal project - but you do want a repeatable checklist your team follows.
Here’s a quick internal check your business can use:
- Is this audio from Instagram’s in-app library for our business account?
- Are we planning to use this content as an ad?
- Will we repost this elsewhere (TikTok/YouTube/website)?
- If not in-app audio, do we have a written licence (saved in our folder)?
- If a contractor created this, does our contract confirm we can use it commercially?
If you’re collecting data via Reels (like running lead-gen campaigns, DMs, giveaways, or website click-throughs), don’t forget your privacy settings too. Having a Privacy Policy in place is a practical baseline if you’re collecting customer personal information through your marketing funnel.
Common Copyright Traps For New Zealand Businesses (And How To Avoid Them)
Most copyright issues on Reels aren’t caused by “bad behaviour” - they happen because business owners are busy, content is created quickly, and music feels like an afterthought.
Here are the most common traps we see for small businesses.
Using Trending Audio From Another Platform
A common workflow is to create a video in another app, export it with the music, and upload it to Instagram as a Reel.
The issue is that the audio may not be licensed for Instagram (or for commercial use), and you might lose access to Instagram’s in-app audio attribution tools as well.
If the Reel is important to your marketing plan, it’s generally safer to:
- Upload the video without music, then add audio inside Instagram; or
- Use independently licensed production music you can use across platforms.
Assuming “I Paid For It” Means “I Can Use It Anywhere”
If you pay a freelancer for a soundtrack, or you buy a music file, you still need to check what your payment actually covers.
Some licences are limited by:
- Platform (social only vs broader digital use)
- Ad usage (organic posts allowed, ads not allowed)
- Time (12-month term, then renewal required)
- Territory (New Zealand only vs worldwide)
This is why written agreements matter. The same way you wouldn’t rely on vague terms for a major supplier arrangement, you don’t want vague terms around IP in your marketing assets.
Posting From Staff Accounts Without A Clear Policy
Many small businesses have a casual “everyone posts” approach - which is great for speed and creativity, but risky if there aren’t guidelines.
If employees are creating Reels as part of their role, you’ll want to ensure their responsibilities (and limitations) are clear under an Employment Contract and/or a simple social media policy.
This is particularly important where:
- Someone is using personal subscriptions or personal accounts to source audio
- The team is reposting UGC (user-generated content) with background music
- Reels are being used in paid campaigns
Reposting Customer Or Influencer Content Without Proper Permissions
Even if the music issue is “sorted”, reposting someone else’s Reel can raise a separate issue: you may need permission to use the video itself (and sometimes the person’s likeness, branding, or other IP).
If your business is collaborating with creators, it’s smart to have clear written terms about deliverables, usage rights, and approvals - so you can reuse content confidently without back-and-forth later. This can often be handled through a tailored agreement like a collaboration arrangement or influencer terms (depending on the relationship and the campaign).
What New Zealand Laws And Legal Risks Should You Keep In Mind?
When you’re thinking about adding music to Instagram Reels without copyright issues, the main legal area is copyright - but it’s not the only one that matters for businesses.
Copyright (Music Rights And Content Rights)
Copyright is the big one for audio. If you use music without the right licence, the rights holder may request takedown and, in some situations, pursue further action.
Even where the risk of a lawsuit feels remote, the practical business risk is immediate: losing posts, losing ad approvals, losing campaign consistency, and losing trust.
Consumer Guarantees Act 1993 (Marketing Claims And Misleading Content)
If your Reels include claims about pricing, results, product performance, availability, or endorsements, you need to ensure they’re not misleading or deceptive (or likely to mislead). That’s a key focus of the Consumer Guarantees Act 1993.
This comes up more often than you might think - for example, where a Reel uses audio/text overlays that imply urgency (“last chance”), discounts, or typical outcomes that aren’t accurate.
Privacy Act 2020 (If You Collect Leads Or Track Customers)
If your Reels drive people to sign up, message you, enter a giveaway, or click through to a landing page, you’re likely collecting personal information.
That’s where the Privacy Act 2020 can become relevant. Make sure you’re transparent about what you collect and how you use it, and that your website and marketing funnel align with your Privacy Policy.
It can feel like a lot, but getting this right early is part of building a brand customers can trust.
Key Takeaways
- If you want to add music to Instagram Reels without copyright issues, start by deciding whether the Reel is Instagram-only or will be reused across other platforms and ads.
- Using audio available within Instagram’s music tools can be a practical low-friction option, but availability alone doesn’t guarantee the track is cleared for every business use (or for reuse off-platform).
- “Royalty-free” doesn’t mean “no copyright” - it usually means you have a licence that needs to match your intended business use (including ads, territory, and duration).
- If contractors or agencies produce your Reels, make sure your written terms cover who sources the music, who owns the content, and how you can reuse it commercially.
- New Zealand businesses should also keep broader marketing obligations in mind, including the Consumer Guarantees Act 1993 and the Privacy Act 2020 where relevant.
- Having a simple internal checklist for audio sourcing and permissions can prevent takedowns, ad rejections, and costly rework later.
Note: This article is general information only and doesn’t take into account your specific circumstances. It isn’t legal advice.
If you’d like help setting up the right contracts and legal foundations for your content creation, brand collaborations, or marketing campaigns, you can reach Sprintlaw on 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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