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Warning letter due to unauthorized use of a Song Songnutzung on Tiktok or Instagram 

Checklist: How to avoid a warning for music on TikTok or Instagram

  1. Only use licensed music
    Only use music if you have a valid license. Platforms like Epidemic Sound or Artlist offer licenses specifically for commercial use. Not everything you can access on Tiktok or Instagram is authorized for commercial use.

  2. Check the Platforms' Music Libraries and their licensing terms
    Both Instagram and TikTok have music libraries with licensed songs. However, check the terms to see if these can also be used for commercial content. This is most likely not the case.

  3. Understand the Terms of Use
    Read Instagram and TikTok's terms of use carefully. There are often specific restrictions on music for commercial use.

  4. Don't Use Private or Unlicensed Music
    Avoid downloading songs from streaming services like Spotify or other sources and using them in your videos. These are usually copyrighted.

  5. Define Commercial Use Specifically
    Check whether your content falls under the scope of commercial use, for example, through paid partnerships, advertising, or other revenue streams.

  6. Pay attention to known rights holders.
    Research whether a song is registered with organizations like GEMA or whether it has already been the subject of warning etters from Soundgardian or IPPC Law.

  7. Obtain permission in advance.
    Do you want to use well-known songs? Clarify the details with the rights holder beforehand and obtain written permission.

  8. Be vigilant with covers and remixes.
    Even edited versions or cover versions of songs can be protected by copyright. Obtain the necessary permission.

  9. Ensure documentation of rights.
    Have license agreements, invoices, or other proof of music use on hand. These can serve as evidence in the event of a cease and desist letter.

  10. Consult a specialized lawyer.
    If you receive a cease and desist letter from Soundgardian or IPPC Law, have it reviewed immediately by a lawyer specializing in copyright law. Don't wait, as deadlines must be met.

By observing these points, you can minimize the risk of warnings for the commercial use of music and protect yourself legally. If you already received a warning letter, a specialized lawyer can help to reduce the financial impact and the resulting damages.