Anyone who uses copyrighted music in advertisements on TikTok, Instagram, or other social media platforms risks receiving a cease-and-desist letter or facing substantial claims for damages. Just because a song can be selected directly from a platform’s music library does not automatically mean that it is authorized for commercial use.

The Frankfurt am Main Regional Court has now ruled on a claim for damages in the amount of 95,750 euros arising from the use of the song “Freed from Desire” in a TikTok promotional video. Although the court found that a culpable copyright infringement had occurred, it dismissed the claim for payment in its entirety.

Frankfurt am Main Regional Court, Judgment of September 9, 2026 – 2-06 O 424/25

The ruling highlights two points: Companies must carefully verify that they have the necessary rights of use for their social media advertising. Conversely, however, a large claim for damages resulting from an actual unauthorized use of music is not automatically justified in the amount asserted.

14-second TikTok video – 95,750 euros in damages

The defendant advertised a nutrition and weight-loss app on TikTok. For a 14-second video, she used “Freed from Desire” by Gala. The video was publicly available from May 28, 2024, through June 2025.

Although the track could be selected from TikTok’s music library, the terms of use applicable in this case stipulated that the general music library could only be used for personal and noncommercial purposes. For commercial uses, TikTok provided a separate library of so-called “Commercial Sounds.” “Freed from Desire” was not included in this library.

In the Regional Court’s view, the defendant could not therefore rely on the fact that the title was available on TikTok as grounds for using it in advertising. The court found both an infringement of the dubbing rights asserted by the plaintiff and conduct that was, at the very least, negligent.

This point is particularly important for businesses: The technical ability to embed a song in a social media video does not answer the question of whether that specific commercial use is permitted under copyright law.

Why did the claim for 95,750 euros fail anyway?

The plaintiff copyright agency calculated its damages using the so-called “license analogy.” Section 97(2), sentence 3, of the German Copyright Act (UrhG) permits damages to be calculated based on the compensation that would have been due under proper licensing.

The plaintiff demanded 250 euros per day of use for a total of 383 days, bringing the total to 95,750 euros.

This calculation did not convince the Regional Court.

For a court to estimate license-related damages pursuant to § 287 of the German Code of Civil Procedure (ZPO), there must be sufficient factual evidence. According to the court’s findings, the plaintiff had not demonstrated either its own established licensing practices or industry-standard licensing rates on which such an estimate could have been based.

Another decisive factor was that, in the court’s view, a daily rate based on a very short period of use cannot simply be extrapolated on a linear basis to a period of use of approximately 14 months. In any case, reasonable contracting parties would have considered substantial discounts or a different compensation structure for a longer period of use.

The court therefore held that it was not possible to estimate the damages resulting from the license without the estimate ultimately being “up in the air.”

It is worth noting that the Regional Court expressly clarified that it did indeed assume that an infringement subject to compensation had occurred. The lawsuit failed not because no damages could have been incurred at all, but because no sufficient basis had been presented for determining the amount of the licensing damages.

What does the ruling mean for cease-and-desist letters regarding music on TikTok, Instagram, and other platforms?

The ruling does not give a blanket green light to companies that use music from social media libraries.

However, it shows that when dealing with a warning letter or a demand for payment, several issues must be examined strictly separately from one another:

• Was the specific song permitted to be used for that particular business purpose?
• Can the claimant actually prove the rights being asserted?
• Is this a case of willful copyright infringement?
• How is the claimed license-related damages calculated, and is there a transparent licensing practice, industry-standard royalty rates, or other reliable bases for estimation?
• Does the calculation take into account the nature, duration, and specific circumstances of the use in an appropriate manner?

In particular, the amount of a claim for damages should not be accepted solely because the underlying use of the music may not have been adequately licensed.

The Regional Court of Frankfurt am Main makes it clear that even in cases of established copyright infringement, the amount of the claimed licensing damages must be supported by a reasonable justification.

Does the ruling also apply to Instagram?

Not directly. The decision concerned the use of music on TikTok and the terms of use applicable in that specific case.

For Instagram, Facebook, YouTube, or other platforms, you must check separately for each one to determine what rights have been granted for the specific song and the particular use.

However, the fundamental practical implication applies across all platforms: Companies should not assume, based solely on the availability of a music track on a particular platform, that its use is also permitted for advertising or other commercial content.

Have you received a warning letter regarding music on TikTok or Instagram?

Anyone who receives a cease-and-desist letter or a demand for payment due to the use of music in a TikTok video, Instagram Reel, or other social media post should have the claims examined both as to their merits and their amount.

A potential copyright infringement does not automatically mean that the full amount of damages sought is owed.

In particular, we review the rights asserted, the specific use, the calculation of the claimed license damages, and any other claims made, and we assist you in defending against unjustified or excessive claims both in and out of court.

We are also happy to provide companies with proactive advice on the legally compliant use of music on TikTok, Instagram, and other social media platforms.

Note on the status of the proceedings: To the best of our knowledge, the judgment is not yet final as of the date of publication of this article.