TikTok warning letters: when music in corporate videos suddenly becomes expensive

What is happening at the moment?

Reports currently point to a wave of warning letters in connection with TikTok videos.

Affected accounts have used music tracks in their videos. The claims asserted sometimes reach the five-figure range.

This is particularly relevant for companies and social media departments. Unlike purely private accounts, corporate content is often used in an advertising or business-related context.

Where does the legal problem lie?

The basic problem is not new – but in practice, it is still often underestimated.

Anyone who uses music in a video will usually interfere with rights protected by copyright law. In particular, the following rights may be affected:

• the right of reproduction
• the right of making available to the public
• related rights, for example in the sound recording itself, such as the rights of record producers

The misunderstanding often arises from a simple assumption: If the sound is available on TikTok, we are allowed to use it.

TikTok does provide an audio library. However, not every sound available there is automatically licensed for every purpose.

In particular, a distinction is made between:

• private or non-commercial use
• commercial or advertising use

Anyone who uses music that is only cleared for non-commercial purposes, but uses it as part of corporate communications or a marketing campaign, risks a licence infringement.

When is a TikTok video considered commercial?

For companies, this question is crucial.

Importantly, whether a use is “commercial” does not depend solely on whether money is earned directly through TikTok. What matters is the purpose and context of the specific post.

A post may in particular be classified as commercial if:

• a product or service is promoted
• there is a specific brand deal
• affiliate links are included
• the post is part of a marketing campaign
• it forms part of regular corporate communications

Posts published via corporate accounts are regularly classified as commercial use, particularly where they serve external communications, brand building or sales promotion.

Welche Folgen drohen? What are the potential consequences?

Typical elements of a warning letter include:

• Cease-and-desist claim: Often combined with a demand to issue a cease-and-desist declaration backed by a contractual penalty.
• Removal claim: Usually a request to delete the video.
• Information and damages: A request for information on how long the video using the sound recording was available and what revenue was generated, as well as damages, often calculated on the basis of licence analogy. The key question is what a proper licence would have cost.
• Reimbursement of expenses / legal costs: Costs incurred by the rights holder for obtaining legal assistance.

For cease-and-desist and removal claims, it is irrelevant how many people actually viewed the video.

When determining the amount of damages, however, factors such as:

• type of use
• duration of availability
• advertising context
• reach, where relevant

may be taken into account.

Many letters also include a settlement or retroactive licensing offer. This is sometimes based on the period during which the post was publicly accessible online.

How should companies respond now?

The most important thing is to stay calm – but to take deadlines seriously.

What you should not do:

• do not pay prematurely
• do not sign a cease-and-desist declaration without review
• do not reflexively accept a settlement offer

Instead, a structured approach is advisable:

1. Review the rights chain: Is the sender of the warning letter actually entitled to enforce the claims asserted?
2. Clarify the origin of the sound: Does the sound come from a library intended only for non-commercial use?
3. Assess the amount claimed: Damages and legal costs must be plausible, necessary and reasonable.

Based on our advisory experience, very high initial claims often leave room for negotiation.

Particular caution is required with cease-and-desist declarations. These may create long-term binding effects and trigger substantial contractual penalties in the event of future infringements.

What social media teams should do preventively

Regardless of whether a specific warning letter has been received, the following steps are advisable:

• clear internal guidelines on the use of music on social media
• checks as to which sounds are cleared for commercial use
• documentation of the sources used
• close coordination between marketing and the legal department

Especially where TikTok is used regularly for campaign communications, the question of music rights should be a fixed part of the approval process.

Conclusion: availability does not equal a licence

The current wave of warning letters highlights a central problem: just because a sound can technically be used does not mean it may also be used lawfully.

For companies, the main risk lies in selecting the right sounds. These should always be cleared for commercial or advertising use.

Our recommendation: Review your processes for using music, respond calmly to warning letters and have claims as well as cease-and-desist declarations assessed by specialists before taking any binding steps.