What actually happened?

In recent months, there has been a wave of warnings about the use of copyrighted music on Instagram. Companies, influencers and commercial users who have used music in reels and stories without the appropriate license are being warned. High claims for damages and cease-and-desist declarations are demanded. The song "Pedro" by Jaxomy x Agatino Romero x Raffaella Carrà was particularly affected.

Why do I need license rights?

Music is protected by copyright, and using it without a license can be seen as making it available to the public illegally. Platforms such as Instagram do provide music libraries, but often only for private use. Commercial accounts require explicit licenses in order to use music in a legally compliant manner. Without this permission, there is a risk of warnings, high costs and legal consequences.

What licenses are available for private and commercial users? Instagram distinguishes between two main categories:

1. Music library (for private users only):
   • Pieces of music are only released for non-commercial use.
   • Commercial accounts may not use this music.
2. Sound Collection (licensed music for companies):
   • Contains music that may be used for commercial purposes.
   • Users should check whether the selected music is actually included in the Sound Collection in order to avoid warnings.

How does Instagram define private use and to what extent does this differ from the common legal understanding? Instagram defines private use as the exclusive use of music for personal, non-commercial purposes. This includes posts, reels and stories that are shared without direct or indirect profit. In contrast, the common legal understanding of private use is often narrower: it refers to purely personal, family or private circles without public dissemination. As soon as content on social media platforms is shared with a broad public, this could be legally considered public communication, which requires licensing. This discrepancy between platform guidelines and legal requirements often causes confusion and can lead to warnings.

What is the best way to proceed?

1. Check the music source:
   • Ensure that the music comes from the Sound Collection and is approved for commercial use.
   • If you are unsure, switch to license-free music or alternative music libraries.
2. Secure evidence:
   • Take screenshots or provide proof of rights of use.
   • Save license conditions at the time of use.
3. Obtain legal advice:
   • Contact a specialized lawyer immediately if you receive a warning letter.
   • Do not sign a cease-and-desist declaration without checking it or pay prematurely.

Can a purchased license be removed? Yes, if pieces of music are subsequently removed from the Sound Collection. However, this could prevent a subsequent warning if the use was still licensed at the time of publication. It is therefore advisable to secure proof of the licenses.

What are the legal and financial consequences of unlawful use?

1. Warning and cease-and-desist declaration:
   • Users are requested to cease use immediately and to sign a legally binding cease-and-desist declaration.
2. Claims for damages:
   • Often in the form of a "fictitious license fee", which can rise to five-figure sums.
3. Reimbursement of legal fees:
   • The costs depend on the amount in dispute of the claim and can be considerable.
4. Blocking of the Instagram account:
   • Instagram can delete content or deactivate the entire account.
5. Legal proceedings:
   • If a cease-and-desist declaration is not issued, this can lead to an expensive court case.

To avoid warnings and high costs, commercial users should only use music from the Sound Collection or purchase explicit licenses. In the event of a warning, prompt legal advice is essential in order to avoid high claims.

Please contact us if you have any questions.