The use of music in Instagram Reels has become an important part of online marketing for many businesses, freelancers, and influencers. However, many are unaware that Instagram’s music library is subject to different legal considerations depending on whether an account is used for personal or commercial purposes. As a result, law firms are seeing an increasing number of cease-and-desist letters regarding the use of copyrighted music in Reels.
Personal Use vs. Commercial Use
Instagram provides its users with an extensive music library. In general, private users are permitted to use this music in Reels and Stories. However, things get complicated when an account is used for business purposes—such as by companies, freelancers, agencies, or influencers who publish content for promotional purposes.
The licenses that Instagram has negotiated with rights holders for music tracks often cover only personal use. If, however, a Reel is published as part of a commercial activity, it may lack the necessary copyright license.
Copyright Issues
Musical works are protected under copyright law. In general, the consent of the rights holders is required for making such works available to the public (Section 19a of the German Copyright Act). If a reel containing copyrighted music is published without a valid license for commercial use, this may constitute a copyright infringement.
The rights holders or the law firms they have retained may then take action against the account holder.
Typical Process for a Cease-and-Desist Letter
In practice, those affected first receive a formal warning from a lawyer. This typically includes:
- the allegation of unauthorized use of a specific musical work
- the demand to submit a cease-and-desist declaration subject to a penalty
- the claim for reimbursement of attorneys' fees
- in addition, exorbitant claims for damages
Depending on the specific case, the amounts claimed can range from several hundred to over a thousand euros.
How those affected should respond
Anyone who receives such a warning letter should not ignore it under any circumstances. At the same time, in many cases it is not advisable to sign the attached cease-and-desist declaration without reviewing it first, as it is often very broadly worded and can give rise to long-term legal obligations.
It is therefore advisable to have the cease-and-desist letter reviewed by a lawyer. There are often grounds for reducing the claims or submitting a modified cease-and-desist declaration.
Prevention for Businesses and the Self-Employed
To avoid legal risks, commercial users should exercise particular caution when using Reels. In particular, it is recommended that:
- Use of licensed music from commercial music libraries
- Use of audio content specifically licensed for businesses
- Use of royalty-free or self-produced music
Social media marketing, in particular, demonstrates that just because a platform offers certain technical capabilities does not automatically mean that using them is permissible under copyright law.
Conclusion
The use of music in Instagram Reels can quickly lead to copyright issues when used for commercial purposes. Businesses and self-employed individuals should therefore carefully verify whether the content they use is actually permitted under the law. If a cease-and-desist letter is received, seeking legal advice early on is generally advisable to minimize financial and legal risks.
