Israeli Businesses Face Legal Risks Using Viral TikTok Songs Without Permission
A recent viral TikTok song by 11-year-old Nir Krigel, known as the "drone song," has sparked legal concerns among Israeli businesses using it in marketing reels, stories, and posts. While the song became an unofficial anthem during the war, companies that incorporated it or quoted its lyrics without authorization have received cease-and-desist letters and compensation demands. This controversy highlights the fine line between harmless trends and commercial use of others' creative works.
Attorney Nimrod Pitusi, a commercial and intellectual property law expert at NJP LAW, explains that even unintentional copyright infringement can lead to legal trouble. Businesses that film their own employees and products but add trending sounds, images, or texts they do not own or have permission to use risk exposure. Pitusi emphasizes that viral content does not automatically become public domain and warns against the common misconception that content available within apps like Instagram or TikTok is free for commercial use.
Pitusi advises businesses to verify content ownership and licensing before posting, especially for commercial or sponsored content. He warns against assuming that crediting the creator or widespread use justifies unauthorized use. The safest approach is to create original content featuring the business’s own people, products, and branding or to use content from verified commercial libraries. Businesses should also carefully review license terms for external music, images, and sounds.
If a business receives a legal warning, Pitusi recommends a calm, methodical response: document the content, its use, and any revenue generated; verify licensing agreements; and assess the legitimacy and proportionality of the claim. Immediate removal or payment without review is discouraged. Many disputes can be resolved through content removal, promises to cease reuse, or reasonable settlements.
Ultimately, Pitusi urges businesses not to stop creating digital content but to treat online materials as valuable intellectual property owned by others. He summarizes, "Treat online content as if it were someone else’s business equipment. Just because it’s accessible doesn’t mean it’s yours or free to use without limits."
