We are increasingly being contacted by clients who have been warned about the use of music on Tik Tok, Facebook or Instagram. Many companies and self-employed people assume that the music titles offered on the platform may also be used for commercial purposes – after all, the platforms sometimes even offer a special selection for business accounts.
But this is precisely where an expensive trap lurks: these titles may also be protected by copyright, and their use without a corresponding license can quickly lead to considerable claims for damages.
Current warnings: Artists and rights holders demand high damages
Recently, more and more artists, producers and music publishers have been having specialized law firms send out so-called authorization requests. These letters accuse those affected of having used a certain piece of music – often only for a few seconds – in a post. These letters regularly refer to the terms of use of the respective platform, according to which the music library may not be used for commercial or business purposes unless a separate license has been purchased. Even if these requests appear harmless at first glance, as they do not contain any specific monetary demands, they should be taken very seriously. They often only serve as a precursor to a warning letter, which follows in a second step.
Why just a few seconds of music can be expensive
Many of those affected react in good faith to the first request and state that they do not have a license. In doing so, however, they provide the rights holders with precisely the information that later serves as the basis of evidence for the assertion of claims for damages and the claims are sometimes in the five-figure range!
Warnings due to unlicensed use of images are also on the rise
Have you ever used an image from one of the many platforms that make images available and sometimes offer them for free use?
Current developments make it clear that even works that appear to be freely available on social media or image platforms may not be used commercially without further ado. In the case of image platforms, it is strongly recommended to document via screenshot that the selected image is made available for free, unlimited use.
We can help you!
If you receive a request or warning about the use of music or images on social media, you should not respond yourself. Any careless statement can be used against you later. Instead, it is advisable to seek legal advice immediately in order to assess the situation objectively and strategically. Please get in touch – we will help you!
