Mia JonesPaula Abdul at the AMAs: What Meghan Markle's Song Choice Teaches Australians About Music Copyright
When Paula Abdul stepped onto the American Music Awards red carpet on 25 May 2026, she had a reason to smile beyond the spotlight. The Duchess of Sussex, Meghan Markle, had used Abdul's 1989 hit "Forever Your Girl" to soundtrack her and Prince Harry's eighth wedding anniversary tribute on Instagram — and the internet took notice. Abdul described being "in shock" and "so touched" when she found out. But behind the warmth of that story lies a question many Australians never think to ask: what happens when someone uses your song — or when you use someone else's?
The Meghan Markle Moment and Why It Matters Legally
Markle's use of Abdul's song on social media was welcomed by the artist. But most Australians sharing music on Instagram, TikTok, or YouTube are not royalty — and the legal landscape surrounding music use is far more complex than a simple like or share.
In Australia, music is protected by copyright under the Copyright Act 1968 (Cth). This means that the moment a song is created, the rights are automatically held by the songwriter and/or the music publisher and record label. Using someone else's music without permission can expose you — or your business — to legal liability, even if you have no commercial intent.
What You Can and Cannot Do With Music in Australia
The distinction between personal and commercial use matters a great deal in Australian copyright law.
For individuals: Sharing a song clip on a personal social media account sits in a legal grey zone. Platforms like Instagram and TikTok have licensing deals with major music labels that cover many artists' catalogues, meaning you can often use popular songs on those platforms without direct legal consequence. However, this coverage does not apply universally — independent artists and publishers may not be covered by these deals.
For businesses: The situation is far stricter. Playing background music in your café, shop, or restaurant requires a licence from the Australasian Performing Right Association (APRA AMCOS), the body that manages music licensing rights in Australia. Using music in a commercial video, advertisement, or social media campaign — even just a few seconds — also requires written permission and usually a licensing fee.
For content creators and influencers: If you monetise your content, the "personal use" protection largely disappears. A YouTube video with ads running over it, or a paid Instagram collaboration featuring a copyrighted song, can trigger a copyright claim that results in your content being taken down, your revenue being redirected to the rights holder, or in serious cases, legal action.
What Happens When Copyright Is Infringed?
Under the Copyright Act 1968, rights holders can seek remedies including:
- An injunction to stop the infringing use immediately
- Damages for loss suffered as a result of the infringement
- An account of profits — meaning the infringer must hand over any money earned from using the protected work
- In some cases, additional damages if the infringement was flagrant or deliberate
Australian courts have awarded significant damages in music copyright cases. In 2023, a well-known Australian content creator was ordered to pay thousands of dollars in damages after using a licensed track in a commercial campaign without authorisation.
The "Fair Dealing" Exception — And Its Limits
Australia's Copyright Act does include a concept called "fair dealing", but it is narrower than the American "fair use" doctrine and many Australians mistakenly believe the two are equivalent.
In Australia, fair dealing applies only in specific, defined circumstances:
- Research or study
- Criticism or review
- Parody or satire
- News reporting
- Enabling a person with a disability to access the work
Importantly, there is no general "educational" or "personal use" fair dealing exception in Australian law. If your use does not fall squarely into one of these categories, you do not have a fair dealing defence.
How to Protect Yourself — and Your Business
Whether you are a musician wanting to protect your original work, or a business that regularly uses music in its marketing and events, there are clear steps to take.
For creators and artists: Register your work with APRA AMCOS to ensure you receive royalties when your music is used. Keep documentation of when and where you created original works — this is critical if a dispute arises.
For businesses: Obtain the correct licences before using music publicly. APRA AMCOS offers a range of licensing products covering background music, live events, broadcasts, and digital use. Using music without a licence exposes your business to claims even after the event has concluded.
For individuals and influencers: Check your platform's music licensing policy before posting. If you are being paid for content featuring music, treat the rights question as seriously as you would any commercial contract.
When Paula Abdul's Story Becomes Your Legal Problem
Paula Abdul's warm response to Meghan Markle's use of "Forever Your Girl" is a feel-good story. But it underscores how quickly music copyright can become a real-world legal issue. The Duchess of Sussex has teams of lawyers and publicists to navigate these situations — most Australians do not.
If you are unsure about your rights and obligations around music use — whether as a creator, business owner, event organiser, or emerging musician — a consultation with a specialist intellectual property lawyer or media lawyer is worth the time and money. Australian copyright law is specific, and assumptions based on overseas rules or what others "seem to get away with" regularly lead to costly mistakes.
For official guidance on music licensing in Australia, visit the APRA AMCOS licensing portal.
This article is intended as general information only and does not constitute legal advice. Consult a qualified legal professional for advice specific to your circumstances.
