New TikTok Music Terms, Feeds & Outages: All You Need To Know

TikTok creators and users are experiencing outages and irrelevant content in feeds as new U.S. owners take control. But new TikTok Music Terms Of Service may pose the biggest threat to musicians and labels who rely on the platform.

The problems started after a major outage hit U.S. TikTok Sunday. Videos failed to post, some showed no views, and many couldn’t log in after signing out. Many of the problems are being resolved, but issues with the new feed reportedly driven only by US users remain.

New TikTok Music Terms Of Service

The new TikTok Music Terms Of Service that may pose the biggest threat to musicians and labels who rely on the platform for marketing. They introduce several aggressive shifts in how music, data, and content are managed.

Below is a detailed comparison between the “Old” Terms (pre-2025) and the “New” TikTok Music Terms of Service (January 2026).

1. Legal Ownership and U.S. Governance

• Old Terms: A creators contract was with ByteDance Ltd. (or its global subsidiaries). Disputes were often handled through international arbitration or under broader global policies.
• New Terms: For U.S. users, the contracting entity is now the TikTok USDS Joint Venture LLC. This change is part of the “Project Texas”/Oracle deal to avoid a national ban.
• Impact: Disputes are now governed by mandatory binding arbitration within the U.S., and user data is legally siloed within U.S.-based Oracle cloud servers.

2. Music Licensing & Cross-Platform Rights

This is the most significant change for creators who “cross-post” content.

• Old Terms: While licensing was technically platform-specific, there was a “safe harbor” assumption. Creators frequently posted TikToks with trending audio to Instagram Reels or YouTube Shorts without immediate legal repercussions from TikTok itself.
• New Terms: The 2026 terms explicitly state No Cross-Platform Licensing. Any music used from TikTok’s library is cleared only for use on TikTok.
• Impact: If you repost a TikTok to another platform, you are now in direct violation of the terms. Labels are more empowered to “mute” or copyright-strike these reposts on Instagram and YouTube.

3. Commercial vs. Personal Use

• Old Terms: There was a significant “gray area.” Influencers with personal accounts often used popular “Trending Sounds” for sponsored posts or brand deals, which technically required commercial licensing but was rarely enforced.
• New Terms: The distinction is now a “hard line.” Any content that promotes a brand, product, or service must use the Commercial Music Library (CML).
• Impact: Creators doing a “paid partnership” can no longer use viral pop songs (e.g., Taylor Swift or Drake) unless the brand has paid for a custom sync license. Using a “Trending Sound” for an ad now triggers automatic muting or account flags.

4. Live Streaming & DJ Sets Restricted

• Old Terms: TikTok LIVE was a popular spot for “bedroom DJs” and music discovery. Enforcement for live music copyright was relatively slow.
• New Terms: Now streamers must “own all rights and permissions” to music played during a LIVE session.
• Impact: This is a “near-impossible” standard for DJs who play remixes, samples, or edits. TikTok has implemented “Real-Time Audio Recognition” that can end a livestream or issue a permaban if unlicensed music is detected for more than a few seconds.

5. Generative AI & Synthetic Media

• Old Terms: AI was largely unaddressed. Labels like Universal Music Group (UMG) pulled their music in 2024 specifically because TikTok lacked protections against AI “sound-alikes.”
• New Terms: There is now a dedicated Generative AI section.
  • Mandatory Labeling: Any AI-generated content (visual or audio) must be labeled using TikTok’s built-in tools.
  • Prohibition of AI Endorsements: Using AI to mimic a celebrity or creator’s voice to endorse a product without consent is a “Tier 1” violation (immediate ban).
• Impact: Musicians have more protection against “AI clones,” but creators face higher penalties for failing to disclose AI filters or voice changers.

6. Advertising & Data Tracking

• Old Terms: TikTok primarily tracked data for “tailored” in-app advertising.
• New Terms: The 2026 policy expanded to Off-Platform Tracking. TikTok now explicitly claims the right to show you “customized ads and sponsored content” on other websites based on your TikTok behavior.
• Impact: The app now collects more “sensitive” data (precise location, and potentially inferred traits like religious affiliation or immigration status) to fuel a broader advertising network that follows you outside the app. This is particularly concerning to many creators given the conservative bent of TikTok’s new U.S. owners.

Hypebot: The Bottom Line

TikTok’s new US-only phase is off to a scaringly rocky start even without new music restrictions.

So while many will applaud new AI protections, the new TikTok Music Terms Of Service alongside faltering feeds are red flags that music marketing on the platform has changed forever. Hypebot will cover all the TikTok changes and how musicians and music marketers are handling them.

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Bruce Houghton is Founder & Editor of Hypebot, Senior Advisor at Bandsintown, a Berklee College Of Music professor and founder of Skyline Artists.