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Warning letter received from SoundGuardian GmbH?
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Lawyer Carl Christian Müller
Warning letter received from SoundGuardian GmbH?
Who is behind SoundGuardian?
SoundGuardian is a German company based in Frankfurt am Main. According to its own information, SoundGuardian is an agency that grants licensing rights for the use of music on social media. In other words, SoundGuardian obtains the so-called synchronization rights to a specific music track from the respective artists. Companies wishing to use the music track can then request its use from SoundGuardian.
Do I have to take SoundGuardian's claim seriously?
Unfortunately, yes. Even if the amount of the claim made by SoundGuardian may seem dubious at first, there is a risk that SoundGuardian will also take legal action if the claim is not responded to appropriately. Of course, this does not mean that you should simply pay anything - there is of course a chance that the claim can be fended off or at least significantly reduced.
What is the problem?
All music is protected by copyright. To enable social media users to incorporate music tracks into their posts, social networks such as Instagram and TikTok have concluded license agreements with the rights holders. These agreements primarily allow private users to use music from the respective music library. However, commercial profiles, such as influencers or companies that earn money with their social media activities, are usually excluded from this use and are therefore often not allowed to use the tracks.
Is the claim justified?
This depends on the individual case. First and foremost, of course, it is crucial that SoundGuardian actually owns the rights to the music title in question. It is therefore important to find this out first. It also plays a role whether your social media contribution was merely of a private or commercial nature. Even if SoundGuardian's claim exists in principle, it is likely to be highly contestable, at least in terms of the amount.
How do TikToK and co. differentiate between private and commercial use?
Social networks such as Instagram and TikTok have concluded licensing agreements with organizations such as GEMA and other rights holders. These agreements allow private users to use the music tracks that are available in the music catalogs. For example, TikTok distinguishes between the "Sound" library and the "Commercial Sounds" library. Commercial users, such as influencers and companies that want to make a profit with their contributions, may only use the "Commercial Sounds" database.
Warning letter from SoundGuardian GmbH - this is how we proceed
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Submit documents
Submit your documents via our contact form. Please feel free to describe the background to your case. We will usually get back to you on the day of the request.
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Free
initial consultationWe take a look at the documents. One of our lawyers specializing in copyright law will then contact you and discuss the prospects of success of your case with you. The consultation is free of charge
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Our offer
for youImmediately after the initial consultation, you will receive our order documents, which we will use to confirm what we have discussed in writing. You can then consider at your leisure whether you want to continue with us.
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We get started
Immediately after the assignment, we will take the necessary steps to successfully defend you against the claim. We will keep you transparently informed about the progress of the case until it is finally settled.
When is a social media post private and when is it commercial?
No financial interest is pursued with a purely private post. There is no business component to the post, its content or the user's profile. A private post is purely for personal use and is created for the entertainment of the user, their family and friends. In contrast, a commercial post has a financial interest or at least a connection with a business activity. This does not have to be the primary objective. A professional use of the profile in general is sufficient, e.g. to present one's own company or self-employed activity.
Compensation for the use of music on social media
As is usual in copyright disputes, a so-called subsequent license fee is usually demanded for the use of the music title in the case of unauthorized music use on social media. The rights holders, such as SoundGuardian, therefore demand what - allegedly - the interested party should have paid for the use of the music in the first place. In the cases we have dealt with, the rights holders demand between EUR 3,000 and almost EUR 17,000. However, these claims are often nothing more than wishful thinking on the part of the rights holders. In the end, the amount of damages does not depend on the price the rights holder wants, but on the price actually achieved on the market with the music title. The actual licensing practice of the rights holder is therefore decisive. Therefore, payment should never be made hastily after receiving the claim. There are always opportunities to negotiate and reduce the payment claims.
I will defend you in the event of a warning letter from SoundGarden
Lawyer and specialist lawyer for copyright and media law Carl Christian Müller has been admitted to the bar since 2002 and has years of experience in the defense of SoundGuardians warnings.
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