Music Licenses on Instagram
Cease-and-desist letters regarding allegedly private websites
Social media has long been more than just a platform for posting vacation photos. Video is king, and enriching content with music snippets to make it more appealing is almost second nature. For influencers and anyone using social media professionally, so-called Reels with background music are a must-have for increasing reach.
However, enriching one's own video content with third-party music is not legally permissible.
What's it about?
Music is a protected work under Section 2 of the German Copyright Act (UrhG). The author decides on its publication (Section 12 UrhG). Using music for which someone does not have a license constitutes copyright infringement. According to Section 97 UrhG, the copyright holder is entitled to an injunction 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, users must ensure they have the necessary rights. (Even if META, i.e., Facebook or Instagram, provides music, their terms and conditions explicitly state that everyone is responsible for their own posts, including their legality.)
How do I acquire the relevant rights?
For private users in particular, concluding a licensing agreement with a collecting society makes no sense. Likewise, very few will want to subscribe to licensing companies for their private posts. To nevertheless enable music posting, META generally provides private accounts with the option of adding music acquired by META for users under a framework agreement to their posts.
Does this also apply to commercial use?
The above-mentioned options generally do not apply to commercial or business use of META's social media accounts.
META's rights acquisition does not typically cover this type of use. Therefore, META's terms and conditions regarding music usage are also clear.
How does private use differ from commercial use?
Private use involves creating content that is not directly aimed at profit. This means the music is used to create a personal video and share it within a private circle.
Commercial use means using the music in a context aimed at generating profit. This primarily applies to influencers, businesses, and content creators who use their Reels to promote products, sell services, or advertise. Different regulations apply in these cases, and acquiring the appropriate licenses is essential. Platforms like Instagram sometimes offer pre-licensed music libraries, but their use may be subject to restrictions, particularly regarding this type of use.
It is important to note in this context that an account is not automatically considered private simply because it is labeled as such or because private content is shared. Objective criteria such as the account's purpose, the type of followers, and especially the intended use are used for classification.
What are the consequences of unauthorized use?
Copyright infringement can have serious consequences, including cease-and-desist letters, claims for damages, and in the worst case, further civil or criminal prosecution. This is not a trivial offense; violations can have particularly significant financial repercussions.
Using music in Instagram Reels requires an understanding of the legal framework. Regardless of whether the music is intended for private or commercial use, you must possess the necessary rights and licenses.
Please contact us if you have any questions.
