The risk of receiving a warning letter for music on social media

On social media, the potential for copyright infringements arising from the unauthorised use of music subject to licensing is particularly high. We see it time and time again in practice: business accounts follow trends, use the latest sounds – and in doing so overlook the fact that the music may raise copyright (or licensing) issues.

After all, just because an audio clip is ‘available’ on Instagram, TikTok and similar platforms, or is already being used by other accounts, that doesn’t mean it can be used for commercial purposes without legal risk. Particularly with remixes, edits and viral sounds, the chain of rights is often unclear – and in the worst-case scenario, the trend doesn’t end with reach, but with a warning letter.

Music is protected by copyright – commercial use generally requires a licence or authorisation.

This means that as soon as a social media account is used for business or promotional purposes rather than purely for private use, strict copyright standards apply.

This applies, for example, to:

• Company profiles
• Self-employed individuals / freelancers
• Agencies
• Content creators with a clear intention to make a profit
• Advertising for products or services
• Affiliate links
• Paid collaborations
• Recruitment posts
• Image or brand communication

What matters here is not just the account settings, but the purpose of the content.

Many platform licences (e.g. on Instagram) are primarily intended for private, non-commercial use. HOWEVER, as soon as a post:
 

• pursues marketing objectives
• strengthens a brand
• promotes products or services
• is intended to generate revenue

stricter licensing requirements apply than for private use.

GEMA expressly points out that permitted use is subject to certain conditions – particularly in the case of private use. However, as soon as the use becomes commercial – which is virtually always the case for businesses – the situation becomes critical.

Common misconceptions:

X “I’m not actually selling anything directly in the Reel.”

→ Brand building is already a commercial activity.

X “I only have 2,000 followers.”

→ Size doesn’t matter.

X “All the other business accounts use that sound too.”

→ That won’t protect you from a warning letter.

Remixes, trendy sounds, ‘everyone’s using it’ – particularly dangerous

Remixes, edits and samples are a trap in themselves: rights may lie with the original artist, the record label, the person who made the edit, or even third parties (in the case of samples). And just because a sound is trending doesn’t automatically mean it’s legally sound. In practice, we regularly see that even major brands underestimate the risk. It seems that the potential reach of certain trending sounds is valued more highly than the possible legal consequences.

‘Available on Instagram’ does not mean ‘you’re allowed to use it commercially’

Another classic scenario: a song is available in the Instagram music library – so it appears to be ‘approved’.

GEMA is very clear on this: use via Instagram is only expressly permitted if it takes place exclusively on Instagram and for personal content; it is not permitted for commercial or non-private purposes.

In practice, this means: as soon as your content has marketing objectives (attracting customers, promoting a brand, showcasing products, selling services), you’re quickly entering the commercial sphere – even if the account formally appears to be ‘private’.

Special case: ‘Private account’ in a business context

Even if a company or self-employed person uses a private account and thereby has access to the entire music library (including the charts), the following applies: what matters is not the account setting – but the purpose of its use. Although the platform provides music, the underlying licence agreements often distinguish between private and commercial use. A ‘private account workaround’ therefore does not automatically protect you from a warning letter.

Furthermore, it is not the account type that is decisive, but the commercial purpose of the content. Consequently, even creator accounts can be legally classified as commercial use.

When rights holders spot unlicensed use, they often issue:

• A warning letter
• Declaration of cessation (please never ‘just sign it’)
• Compensation / licence analogy
• Legal fees

Law firms describe precisely this pattern (including typical elements of the claim).

(See sources below. We recommend consulting a media lawyer if you have received a warning letter.)

In reality, it’s often not the big brands that are affected, but small businesses – such as the hairdresser’s round the corner. A warning letter can easily run into the mid four-figure range, which is a real blow to the bank balance. In most cases, this isn’t done on purpose, but simply because many people aren’t aware of just how strict music rights are in the context of social media. That’s exactly why we’re writing this post: to ensure that such mistakes don’t happen in the first place.

 Meta Sound Collection: a good option, but stick to the guidelines. Meta itself describes the Sound Collection in Business Suite as free and legal music and sound effects that you can use in videos you upload to Facebook and Instagram.  It’s precisely these limits that are important: within the Meta platforms and in the intended upload context. This is yet another common pitfall: people post a TikTok Reel on Instagram as well, but with music that’s actually only ‘permitted’ for TikTok.

Even though it’s sometimes very tempting to jump on viral trends whose sounds aren’t officially available (e.g. in the META Sound Collection or the TikTok Commercial Music Library), I steer well clear of them.

If these music options aren’t enough for you, you should take a closer look at platforms such as Artlist.

And what about AI-generated music, actually?

To be continued…

NOTE: For a legal assessment in individual cases, we recommend seeking advice from a specialist law firm.

Sources: 

https://www.gema.de/de/w/instagram-das-ist-erlaubt

https://www.zdfheute.de/ratgeber/instagram-musik-reels-gema-urheberrecht-schadensersatz-100.html

https://www.wbs.legal/medienrecht/wann-duerfen-unternehmen-musik-auf-instagram-und-co-nutzen-65089/

https://www.prigge-recht.de/abmahnung-musik-instagram

https://www.lhr-law.de/magazin/social-media-recht/instagram-abmahnung-ippc

Links:

https://www.facebook.com/sound

https://artlist.io/

Transparency note on AI: AI assists me in creating the AI Snacks. However, the content is based on reliable sources, my experience from real-world projects and questions that clients repeatedly ask me on specific topics. Ultimately, each post contains a significant amount of my own input.