Warning letter regarding the song “Wonderful Dream” by Melanie Thornton from IPPC Law
Warning letter regarding the song “Wonderful Dream” by Melanie Thornton from IPPC Law
During the already busy Christmas season, many operators of commercial Instagram and TikTok accounts now have to deal with copyright issues.
I have recently received two warning letters accusing the people concerned of using the song “Wonderful Dream” by Melanie Thornton on TikTok and Instagram Reels without the necessary license.
What happened?
Warnings for the unauthorized use of copyrighted music on platforms like TikTok are not uncommon. What's new, however, is that Instagram users are now also being specifically warned. The Christmas hit "Wonderful Dream" is frequently used as the background music for Reels and posts.
The warnings are sent by lawyer Daniel Sebastian of the IPPC Law firm on behalf of the rights holders, who are particularly known for their warnings in the file sharing sector.
Content of the warnings
The cease and desist letters often claim that IPPC Law represents the rights holders, namely Marc Klammek and Florian Richter. The defendants are accused of using the music on social media platforms without the required license. It is particularly emphasized that the music is only permitted for private use on the platforms, not for commercial use. Business accounts, such as those of influencers or companies, are therefore not covered by the license agreement.
Those affected are asked to sign a cease-and-desist declaration under penalty of law and to pay damages and legal fees amounting to more than 3,000 euros.
Legal basis
Platforms like TikTok and Instagram offer licensing agreements with organizations like GEMA, which allow private users to use music from their libraries. However, this license does not apply to commercial purposes. Anyone who uses music without an individual license not only risks legal consequences but also measures from the platforms, such as account suspension or deletion of the affected content. Unfortunately, the licensing terms of the platforms are often unclear. With a creator account, users can sometimes access the entire music library, but it remains the user's responsibility to ensure that a valid license is available for each piece of music used.
What to do if you receive a warning?
If you're running a business on TikTok or Instagram, you should review your older content. Delete posts that contain music from your private library or replace it with licensed music. If you've already received a cease-and-desist letter, stay calm:
- Do not pay or sign immediately: Do not pay the requested amount immediately and do not sign a cease and desist letter without first consulting a lawyer.
- Take warnings seriously: Don't ignore the warning, as this may lead to further legal action and additional costs. Make sure you meet all deadlines.
- Obtain legal advice: Have the cease-and-desist letter reviewed by a lawyer specializing in copyright law. The amounts demanded are often excessive, and the cease-and-desist letter may contain unfavorable obligations.
About the author
Anne-Kathrin Renz
Anne-Kathrin Renz is a lawyer, data protection officer, and lecturer. She completed the theoretical part of her specialist lawyer training in intellectual property law and IT law. In her blog, she reports on current topics from the digital world of law.
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