It was just a harmless and entertaining video, but Mary must be chomping at the bit. Two years ago, this content creator from Zurich shot a short video for the Instagram account of her parents’ tennis school. She added the title “Pedro”, a 2024 hit.
A small success: 2300 views, for a non-professional account with 800 followers. “We are a small account, I didn’t think about it,” says the 25-year-old TikToker. And then, just recently, a surprise arrived in the form of a registered letter. A German law firm demanded payment of almost 8,000 francs, due to an alleged missing license for the title “Pedro”.
“It’s malicious!”
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“At first I thought it was fake,” says Mary. As the publication was already two years old, she absolutely did not expect such a demand. Additionally, the letter set a deadline of only five days. “It’s malicious. It’s so much money!”, sighs the young woman.
She explains to 20 Minutes that the family contacted a Swiss lawyer. So far they have ignored the letter and have yet to pay anything. “We don’t know how things will develop.” However, they will in all cases contact the German law firm.
Multiple cases linked to the same sound
Mary’s case is far from isolated, as we can see on social networks. Several people draw attention to these formal notices. German influencer and entrepreneur Christian Wolf also denounced “a wave of formal notices from a record company linked to Sony Music”. The main targets are small content creators, according to him. “They are demanding absurd amounts of money for the use on Instagram of music that they themselves made available as a record company.”
In most cases, we find the same Berlin-based firm behind this case: IPPC Law. The song “Pedro” by Jaxomy X Agatino Romero
“A sound library is not a license to use”
The lawyers contacted in Switzerland are unanimous: you should not pay immediately, and delete the videos concerned or mute the sound. We will write to the firm and propose, “without recognition of a legal obligation”, a significantly lower transactional payment. For lawyer Stefanie Fuchs, who is familiar with such claims, the high amounts show that this is “a systematic procedure aimed at deliberately generating income”. However, in Switzerland, damages must be proportional and based on the actual economic loss or the value of the license. A request that is too high can in principle be contested.
Another lawyer, Melanie Bosshart, reminds: “The fact that a song is available in the TikTok or Instagram sound library does not constitute authorization for general use.” The determining elements are the type of account – private or professional –, the content of the video as well as the presence or absence of a commercial purpose.
What the Berlin law firm says
Daniel Sebastian, director and lawyer of the Berlin law firm IPPC Law, rejects accusations that the formal notices mainly concern small creators. “The focus is exclusively on commercial uses.” This targets commercial accounts that use music to promote the growth of their business without acquiring a license.
Because, as Daniel Sebastian explains, the use of music for commercial purposes is not allowed on TikTok or other platforms. “In these cases, the necessary rights for this type of use have not been obtained from the rights holders.”
“Interested in an amicable solution”
There are, however, certain exceptions: public utility organizations and small businesses not subject to VAT are not targeted by the firm, says the lawyer. If a difficult economic situation arises, in certain cases they are in principle ready to significantly reduce the receivables or agree on installment payments, adds the director and lawyer.
Several factors come into play to determine the amount of the formal notice: for example, if the account or video directly offers or promotes products or services, explains Daniel Sebastian. “But we are always interested in an amicable solution.”
Do you worry about copyright in your social media posts?
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Anika Yago (ayo), has worked at 20 Minuten since 2023. She started as an intern in the Central Switzerland section and has been writing for the same section since 2024.
