Copyright infringements on social media have become one of the most common legal issues in the digital age. Images, videos, or music are shared quickly—often without checking whether such use is actually permitted.
In practice, one key question keeps coming up:
Who is actually liable—the person who created the content, or the account owner?
The short answer:
In many cases, the account owner is liable.
Below, I explain why this is the case and what risks are involved.
What is copyright infringement?
Copyright infringement occurs when protected content is used without the necessary rights.
Typical examples on social media include:
- Using third-party images without a license
- Using music in videos without rights
- Reposting content without permission
- Using graphics or designs created by others
Platforms like Instagram, TikTok, or LinkedIn make it easy to share content quickly—but from a legal perspective, this is often problematic.
Liability: Why the account owner is in focus
What matters legally is not only who created the content, but above all, through whose account it was published.
From a legal standpoint:
The account owner is generally considered responsible—as a “disturber” (Störer) or even as the perpetrator.
This means:
- You are liable even if an employee or agency created the post
- You are liable even if content was “just shared”
Practical example:
A company hires a marketing agency to create social media content.
The agency uses an image without sufficient licensing.
The warning notice is usually sent to the company—not the agency.
Warning notice for copyright infringement: What are the consequences?
The most common consequence is receiving a formal warning notice.
Such a notice typically includes:
- A cease-and-desist request
- A demand to sign a legally binding cease-and-desist declaration (with penalties)
- A payment claim (damages + legal fees)
Many people underestimate the seriousness.
Signing such a declaration too quickly can create long-term risks.
Common mistakes in copyright infringement cases
In practice, the same mistakes appear repeatedly:
- Content is “simply used” because it is publicly visible
- Source attribution is assumed to be sufficient
- Stock images are used without proof of license
- Third-party content (e.g., from influencers or agencies) is published without verification
The key issue: Publicly available does not mean freely usable.
Liability for employees, agencies, and third parties
Many companies assume they are not liable if:
- An agency created the content
- An employee published the post
This is a misconception.
Responsibility generally remains with the account owner.
While internal recourse claims may exist, they do not help against external claims.
What penalties can occur?
In addition to warning notices, further consequences may include:
- Claims for damages
- Contractual penalties for repeat violations
- Legal proceedings
The exact penalty depends on the individual case—especially the scope and type of use.
How should you respond to a warning notice?
If you receive a copyright warning notice:
❌ Do not ignore it
❌ Do not sign anything hastily
❌ Do not draft something yourself without legal advice
Instead, the case should be reviewed legally.
Often there are ways to:
- Reduce claims
- Modify cease-and-desist declarations
- Minimize risks
How account owners can protect themselves
Recommendations:
- Only use content for which you can prove you have rights
- Properly document licenses
- Establish social media guidelines within your company
- Clearly define contractual obligations with agencies
- Review content before publication
Especially in a business context, social media is not a legal “free zone.”
Account owners bear responsibility
The legal situation is clear:
Anyone who operates a social media account is responsible for its content.
Copyright violations can happen quickly—but the consequences are often significant.
Early legal review and clear processes help avoid risks.
Support from a copyright lawyer
If you have received a warning notice or want to legally safeguard your social media activities, professional review by a specialized lawyer is advisable.
A copyright lawyer can assist with:
- Assessing warning notices
- Minimizing risks
- Building legally compliant structures
In the area of social media, proactive legal advice pays off quickly.