Music licenses on Instagram
Warning of allegedly private pages
Social media has long been about more than just posting vacation photos. Video is king, enriching your own content with snippets of music and making it more attractive is almost a matter of course. For influencers and anyone who uses social media professionally, so-called reels with background music are a must that increase reach.
However, enriching your own video content with third-party music is not a legal matter of course.
What is it about?
Music is a protected work according to § 2 UrhG. The author decides on the publication according to §12 UrhG. If someone uses music for which they do not have a license, this constitutes a copyright infringement. According to § 97 UrhG, the copyright holder is entitled to injunctive relief and damages.
What are Instagram or Facebook Reels?
Instagram Reels is a feature of the social media platform Instagram that allows users to create and share short videos with music, effects and new creative tools. Reels have become a popular way to share content and reach a wide audience. When using music, the user must ensure that they have the appropriate rights to do so. (Even if META, i.e. Facebook or Instagram, make music available, they explicitly state in their terms and conditions that everyone is responsible for their own postings, i.e. the legality of these postings).
How do I acquire the corresponding rights?
Especially for private users, the conclusion of a license agreement via a collecting society will not make sense. Similarly, very few people will want to take out a subscription with a licensing company for their private postings. In order to make music postings possible nevertheless, META provides the possibility for private accounts to add music acquired by META for the users in a framework agreement to the postings.
Does this also apply to commercial use?
The above options generally do not apply to commercial or business use of META's social media accounts.
The acquisition of rights from META does not generally cover this type of use. In this respect, META's general terms and conditions for the use of music are also unambiguous.
What is the difference between private and commercial use?
With private use, content is created that is not directly aimed at making a profit. This means that the music is used to create a personal video and share it privately.
Commercial use means that you are using the music in a context that is aimed at making a profit. This mainly applies to influencers, companies and content creators who use their reels to promote products, sell services or advertise. Different rules apply here and it is essential to obtain the appropriate licenses. Platforms such as Instagram sometimes offer pre-licensed music libraries, but their use may be subject to restrictions, particularly with regard to this use.
It is important in this context. A private account does not exist simply because it is labeled as such or because private content is shared. Objective criteria such as the purpose of the account, the type of followers and, in particular, the intended use are used for classification.
What are the consequences of unlawful use?
Disregarding copyrights can have serious consequences, including warnings, claims for damages and, in the worst case, even further civil or criminal prosecution. This is no trivial offense; violations can have very significant financial consequences.
The use of music in Instagram Reels requires an understanding of the legal framework. Regardless of whether the music is to be used privately or commercially, you must have the necessary rights and licenses.
Please contact us if you have any questions.
