Music works are frequently used in social media content: they may play in the background of videos, be performed by users as covers or karaoke, or be added through the platforms’ music libraries. These works can reach large audiences in a short time. However, unauthorized sharing, reinterpretations, and background uses may constitute copyright infringement under the Turkish Intellectual and Artistic Works Law No. 5846 (“FSEK”). Two cases from 2025 illustrate this point: Gülben Ergen filed a lawsuit against the use of her song in the background of TikTok videos, while a production company filed a takedown request concerning the songs “Lal” and “Sakin Ol” against Sertab Erener.
This article addresses the legal boundaries of sharing, covering, and performing music on social media, and highlights the key issues that users should pay attention to.
When Does the Use of Music on Social Media Constitute Copyright Infringement?
The most common infringement on social media platforms involves the unauthorized use of music works. For example, when a user adds a song as background music to an Instagram video without the author’s consent, or uploads a music video to YouTube, this violates the right of communication to the public under Article 25 of FSEK. This provision grants the author the exclusive right to communicate the work to the public by means such as radio, television, satellite, or digital transmission. Therefore, any unauthorized music broadcast on platforms such as YouTube, Instagram, or TikTok amounts to copyright infringement.
Common Misconceptions: Many users mistakenly believe that certain circumstances prevent infringement, but in fact they do not:
- Non-commercial purpose: Sharing content as a “hobby” or without financial gain does not eliminate infringement. For example, performing a cover still requires the author’s permission, even if no profit is made.
- Credit to the author: Naming or thanking the songwriter or performer does not grant legal authorization to use the work. Attribution is not a substitute for permission.
- “Everyone else does it”: The widespread unauthorized sharing of a work does not make it lawful. Infringement remains infringement regardless of scale.
- Purchased content: Buying a song legally (e.g., downloading it) does not include the right to publicly communicate it. Purchase grants personal use only; including it in a social media video and publishing it still constitutes infringement.
- Recording from radio/TV: Sharing a song recorded from radio, television, or a concert is also an infringement, as public accessibility of the source does not legitimize redistribution.
- “Fair use” or short excerpts: Turkish law does not recognize the U.S. concept of fair use. Only very limited exceptions (such as educational purposes) exist. Even a few seconds of unauthorized music use may be detected and blocked by digital systems.
Although platforms may mute or remove infringing content under their copyright policies, the rights holder may still initiate legal proceedings against the user.
Covers, Karaoke Performances, and Use of Platform Music Libraries
A common scenario on social media is the sharing of cover songs and karaoke performances. Covering a song means reinterpreting and performing an existing piece of music. For example, thousands of users today cover popular songs on guitar and post them on YouTube, or sing along to karaoke tracks and share them on Instagram. So, is covering a song legal?
Adaptation right: According to the Copyright Law, transforming, arranging, or modifying a work into another form constitutes the creation of a “derivative work,” which can only be done with the permission of the copyright holder. Therefore, to create a cover version by altering the melody or lyrics of a song or arranging it in a different style, prior permission from the copyright holder is required. Any arrangement, adaptation, or translation made without the written permission of the copyright holder is considered unauthorized adaptation under the law and constitutes copyright infringement.
Cover ownership: In works published as covers, even if an original cover has been made, the copyright of the composer and lyricist remains reserved. In some cases, the cover performer may present an original interpretation with their own contribution. For example, translating a song into a different language or adapting it into a jazz version may be considered a form of adaptation if it involves a certain degree of creativity, and the cover artist may be regarded as the owner of the additional creative elements they have introduced. However, this does not eliminate the rights of the original owner of the work; even if the cover artist has limited rights over the part they have added, they cannot use these rights without the permission of the owner of the work. Pursuant to Article 8/2 of the Copyright Law, the owner of the adapted work is the person who adapted it, provided that the rights of the original work’s owner are reserved; however, the public display or publication of the adapted work remains subject to the permission of the original work’s owner. In short, permission must be obtained from the original work’s owners (composer, lyricist, and/or music producer) for a cover song to be shared.
Music producers may prefer to redirect advertising revenue from cover videos to rights holders rather than blocking them entirely. However, this practice depends on the initiative of the copyright holder and the advertising conditions provided by the publishing platform. In other words, the legal obligation of the person making the cover does not disappear; the copyright holder can always request the removal of the content or initiate legal proceedings.
Karaoke usage: Similarly, singing songs using karaoke platforms widely available online may also pose risks under copyright law. If the infrastructure used in the karaoke version has been produced or shared without the permission of the copyright holder, both reproduction rights and processing rights are violated. When sharing their own karaoke performance, individuals must consider the copyright status of the music playing in the background. If the infrastructure is not legal, the fact that the individual sang the song in good faith does not change the legal situation. On the other hand, some legal karaoke applications and platforms (such as Smule) have licensing agreements with copyright holders, allowing users to sing on platforms where cover/karaoke performances are permitted. However, if the user takes this performance and publishes it elsewhere (e.g., on YouTube), the issue of copyright permission arises again because it is outside the scope of the platform’s license.
The role of platforms: Popular social networks such as Instagram and TikTok have entered into specific licensing agreements regarding music usage. For example, TikTok allows users to add many songs to their videos by offering them directly in the app library; the copyrights for this music are covered by agreements between TikTok and music production companies. As a result, users’ use of the music offered by the app is generally not considered a violation. However, this permission is only valid for content shared on the relevant platform. For instance, if you take a licensed song from TikTok and use it on YouTube, YouTube may consider this use a copyright infringement.
What Legal Remedies Are Available to Rights Holders?
Where copyright infringement occurs, rights holders may resort to both civil and criminal remedies:
- Content Removal and Blocking: The rights holder may request the platform to remove or block the infringing content. They may also send a cease-and-desist notice to the infringer; if ignored within three days, they may apply to the Public Prosecutor to block access and suspend the infringer’s internet service.
- Damages: The rights holder may claim compensation for financial loss. Under Article 68 FSEK, damages may amount to up to three times the normal license fee. Authors may also claim moral damages for harm to reputation or unauthorized use of their name.
- Injunctions and Declarations: Authors may file lawsuits to stop ongoing infringements, seek interim injunctions, or obtain declarations of illegality.
- Criminal Sanctions: Commercial-scale infringement constitutes a criminal offense. Article 71 FSEK provides for imprisonment of 1 to 5 years or judicial fines against unauthorized processors, reproducers, distributors, or communicators of works. While casual users may not usually face prosecution, monetized channels (e.g., on YouTube) are at greater risk.
- Platform Penalties: Platforms also impose sanctions. For instance, YouTube may permanently terminate a channel after three copyright strikes; Instagram and Facebook may suspend repeat infringers. Businesses using unlicensed music in advertising may face heavy damages and reputational harm.
Conclusion
The rise of social media and digital technologies has multiplied the circulation of music works and increased the risk of copyright infringement. While sharing and covering music may encourage creativity, failing to respect authors’ rights can trigger legal and criminal consequences.
If you believe your copyright has been infringed, or if you are accused of infringement, it is crucial to obtain professional legal advice from an intellectual property lawyer to assess the situation and manage the legal process effectively.
Av. Gülce Nur Türkmen Yılmaz