Music on Instagram, YouTube, TikTok & Co.: Convenient, but Legally Risky
Reels, Stories, and short-form videos have become some of the most important marketing tools on platforms such as Instagram, TikTok, and Facebook. Many businesses use the platforms’ integrated music libraries and assume that the songs provided there may automatically be used legally and without restrictions.
However, this is exactly where a widespread misconception exists: What may be permissible for private users can become legally problematic for commercial users and business accounts. The use of licensed music in Reels and Stories can lead to significant copyright-related consequences.
Why Is Using Music on Business Accounts Problematic?
The music libraries provided by Instagram and other social media platforms include numerous songs by well-known artists. However, the underlying license agreements are often concluded only for private or limited commercial use.
As soon as a user employs music to promote their own products or services, this will generally qualify as commercial use. Such use may require additional rights that are not automatically covered by the platform’s music sticker or general licensing agreements.
Many businesses mistakenly assume that if a song is available through the platform, all necessary rights are automatically included. This is not always the case.
What Consequences Can Result from Unauthorized Use of Music?
1. Removal of Reels and Stories
Platforms may remove content if a copyright infringement is identified.
For users, this may result in:
- Loss of professionally produced content
- Loss of reach and engagement
- Interruption of ongoing marketing campaigns
- Loss of comments, likes, and user interaction
This becomes particularly frustrating for paid advertising campaigns or seasonal promotions that cannot easily be replaced.
2. Suspension or Restriction of the Account
Repeated violations of platform policies may lead to:
- Restrictions of individual account functions
- Suspension of advertising accounts
- Deactivation of the entire social media account
For many users — especially businesses — Instagram, YouTube, and TikTok have become essential sales and marketing channels. Losing access to these accounts may therefore have substantial financial consequences.
3. Copyright Warning Letter (Cease-and-Desist Letter)
The greatest risk often goes beyond simple content removal. Rights holders, licensees, or collecting societies such as GEMA may issue formal copyright warning letters.
Such letters frequently include:
- A demand to immediately cease and remove the infringement
- Submission of a legally binding cease-and-desist declaration with penalty provisions
- Reimbursement of legal fees
- Claims for disclosure and damages
Music publishers, record labels, and specialized rights enforcement entities actively pursue unauthorized commercial use of copyrighted works. If an appropriate cease-and-desist declaration is not submitted within the deadline, rights holders may seek a preliminary injunction before the competent courts.
How Are Damages Calculated?
In copyright infringement cases, damages are frequently calculated based on the so-called license analogy principle.
The central question is:
What license fee would the user have paid if the music had been properly licensed in advance?
This hypothetical market-based license fee forms the basis for calculating damages.
The amount may depend on factors including:
- Popularity of the song
- Duration of use
- Reach of the account
- Number of views
- Commercial purpose of the content
For well-known songs, claims can quickly amount to several thousand euros. In individual cases, damages may even reach five-figure amounts.
Example 1: Fashion Retailer Uses a Current Chart Hit
A mid-sized online fashion retailer publishes a Reel presenting its new summer collection. To increase visibility, the company uses a current chart hit from Instagram’s music library.
Within a few weeks, the video receives more than 150,000 views.
Later, the rights holder claims that the music was used for commercial advertising purposes without proper licensing or beyond the scope of existing licenses.
Consequences:
- Copyright warning letter from a specialized law firm
- Cease-and-desist demand
- Damages for unpaid license fees
- Reimbursement of legal costs
The total financial exposure may quickly reach five figures.
Example 2: Restaurant Chain Promotes a New Location
A restaurant chain regularly publishes Stories using well-known music in the background.
During a rights review, several posts are found to infringe copyright.
In addition to content removal, the company receives a warning letter. Since numerous posts are affected, the accumulated claims become substantial.
Example 3: Agency Produces Reels for Clients
A social media agency creates promotional Reels for a client and uses music from the platform library.
The client later becomes subject to copyright claims and subsequently seeks recourse against the agency for inadequate legal guidance.
This example demonstrates that liability risks may affect not only direct users, but also agencies and marketing service providers.
Exercise Caution with Cease-and-Desist Declarations
Warning letters often include a pre-drafted cease-and-desist declaration.
Many recipients sign these documents too quickly in an attempt to resolve the matter.
This is often not advisable.
Such declarations generally apply indefinitely and frequently contain contractual penalties amounting to several thousand euros for each future violation.
Even accidentally reposting content may trigger substantial financial consequences.
In many cases, it may be possible to submit a modified cease-and-desist declaration, which protects the legitimate interests of the rights holder while reducing unnecessary legal risks. In some situations, the dispute may also create an opportunity to negotiate beneficial licenses for future use.
How Can Users Legally Use Music?
To minimize legal risks, users should:
- Carefully review the platform’s terms of use
- Evaluate commercial uses separately
- Use royalty-free music or professional music databases
- Obtain individual music licenses
- Seek legal advice where uncertainties exist
Particular caution is required whenever content promotes products or services.
Music in Reels and Stories Can Become Expensive
Using licensed music through Instagram’s music sticker or similar platform features is by no means automatically legally compliant.
Anyone using social media professionally for marketing purposes should carefully assess music rights and address legal risks at an early stage.
Have You Received a Copyright Warning Letter Due to Music Used in Reels, Stories, or Social Media Content?
As a specialist lawyer for intellectual property law, attorney Stephan Schneller advises and represents companies of all sizes, agencies, influencers, and content creators in copyright disputes, court proceedings, and the legally compliant structuring of social media activities.
Feel free to contact me for a prompt initial legal assessment.
This article was created with the support of AI.