Posting video clips in the UK: music, guest permission and “Ad” labels

1. Music and other people’s content

In the UK, copyright protects music, sound recordings, films and broadcasts automatically, without registration. It stops people copying a work, putting it on the internet or adapting it without permission. So if a clip includes a song playing in the background, or a few seconds of a TV show, you need permission from the rights holders, or a licence that covers your use.

There are exceptions, such as fair dealing for criticism, review and quotation (with sufficient acknowledgement), and for parody, caricature and pastiche. They’re narrow. Whether a use counts as fair dealing depends on things like how much is used and whether it competes with the original. They aren’t a general permission to use a popular song as a soundtrack.

Platform sound libraries

YouTube: YouTube says copyrighted material in a Short may lead to a Content ID claim, a takedown or a copyright strike. It says music from the YouTube Audio Library, which is royalty-free, won’t get a copyright claim.
Instagram: Instagram says its licensed music library is for personal, non-commercial use, and some business accounts don’t have access to it. The Meta Sound Collection has more than 14,000 royalty-free songs and sound effects that can be used commercially, including in ads, in Reels and Stories.
TikTok: under its Commercial Music Library terms, Commercial Sounds are the only sounds that can be used for commercial purposes on TikTok, and only on TikTok. Using them anywhere else needs a licence from the rights holder.

The safest approach for clips from a podcast or webinar: remove background music you don’t have rights to, and add music only from a library that clearly allows commercial use on the platform you’re posting to.

2. Guests and anyone else who appears

Under section 3 of the Copyright, Designs and Patents Act 1988, a “literary work” includes spoken words, and copyright exists once the words are recorded, whether or not the speaker made the recording. So a guest on your podcast may own the copyright in what they said, even though you own the recording.

That’s why it’s worth getting written permission from guests before you clip them. A simple release should say:

that you can record, edit and cut the conversation into short clips;
which platforms you’ll post on, or “any platform”;
whether you can use clips in paid ads, not just normal posts;
how long the permission lasts, and how they can ask you to remove a clip.

Agree it before you record, not after a clip has gone up. For anything unusual, such as a clip used as an ad for a third party, take legal advice.

3. When a clip counts as an ad

CAP Code section 2 says marketing must be obviously identifiable as marketing (rule 2.1) and must not falsely imply that the marketer is acting as a consumer (rule 2.3). The ASA enforces the CAP Code, and the CMA enforces consumer law alongside it.

Your own business account

The ASA’s advice on brand-owned social media says posts on a brand’s own account, where the brand’s name is shown as the username, are generally obviously identifiable as marketing, so an extra “Ad” label is unlikely to be necessary. If your username isn’t clearly linked to your business, or you promote your business from a personal account, make the commercial nature clear another way, upfront.

Paid, gifted or connected posts

If a creator or guest posts your clips because you paid them, gave them something, or have another commercial relationship with them, the post needs to be obviously identifiable as an ad. The ASA’s guidance on recognising ads on social media says:

use a clear, prominent label such as “Ad”, placed upfront. A hashtag isn’t required;
labels like “sponsored”, “gifted”, “spon” or “aff”, an @mention on its own, or a note only in the bio aren’t enough;
for video, make it clear before someone clicks if possible, or from the very start;
on YouTube, the title or thumbnail is likely to need to show “Ad”;
platform tools such as Instagram’s “Paid partnership” label may be enough if they’re clear and upfront, but the ASA suggests also adding “Ad” if you’re unsure. Collaborative posts on their own aren’t enough.

The CMA’s guidance for brands says any incentive counts as payment, including money, commission, discounts and gifts. Brands are responsible for making sure paid endorsements are labelled, and should check the creators’ posts. It recommends “Ad” or “Advert” as the label. The ASA and CMA’s joint Influencers’ guide was updated on 23 October 2026.

YouTube also has a paid promotion setting (in YouTube Studio, open the video’s details and tick the paid promotion box), which shows a disclosure message for the first 10 seconds. YouTube says creators and brands remain responsible for meeting local disclosure rules, so treat it as an extra, not a replacement for “Ad”.

4. The rest of the advertising rules still apply

A clip used to promote your business is marketing, so the misleading-advertising rules in CAP Code section 3 apply. You must hold evidence for objective claims before the clip runs (rule 3.7), and any testimonial must be genuine (rule 3.47). Fake consumer reviews are banned under the Digital Markets, Competition and Consumers Act 2024. If you cut a customer’s words into a clip, don’t edit them so they say something they didn’t mean.

Quick checklist

No music or third-party footage you don’t have rights to
Any added music comes from a library allowing commercial use on that platform
Written permission from every guest, covering clips and any ads
Your business name is clear as the posting account
“Ad” shown upfront on any paid, gifted or connected posts
YouTube paid promotion box ticked where relevant
Claims in the clip are backed by evidence you hold
Customer quotes are genuine and not edited out of context

FAQ

Can I use a popular song in my business’s Reels?

Not from Instagram’s licensed music library, which Instagram says is for personal, non-commercial use. Use the Meta Sound Collection, which Instagram says can be used commercially, or music you’ve licensed yourself.

Do I need a podcast guest’s permission to post clips?

It’s strongly advisable. Spoken words can be protected as a literary work once recorded, under section 3 of the Copyright, Designs and Patents Act 1988, so get written permission that covers clips and any use in ads.

Do I need to put “#ad” on my own business’s posts?

Usually not, if the post is on your business’s own account and your brand name is shown as the username. The ASA says these are generally obviously identifiable as marketing. If the link to your business isn’t clear, make it clear upfront.

Is “#sponsored” or “gifted” enough when I pay a creator?

No. The ASA advises a clear, upfront label such as “Ad”, and says terms like “sponsored”, “gifted”, “spon” and “aff” aren’t enough on their own.

Is YouTube’s paid promotion box enough?

YouTube says creators and brands are still responsible for meeting local disclosure rules. Use the setting, but also make the ad clear in the title or thumbnail, as the ASA advises.

Official sources

Laws and guidance change. Check the sources above for the latest position. For advice on your own circumstances, consult a solicitor.