Trend “O’zapft is!” – The music rights dispute on TikTok & Co.

The use of trending sounds on social networks like TikTok or Instagram is very popular, especially during peak event seasons such as Oktoberfest. However, what many underestimate is that music rights are a serious issue. Particularly for commercial accounts, using copyrighted sounds can quickly lead to legal consequences.
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When the sound becomes a risk:
The trend is clearly visible when the first Oktoberfest videos featuring the popular sound “Skandal im Sperrbezirk” appear on TikTok and Instagram. While beer mugs are raised, the legal departments of many companies are already sounding the alarm.

Many users, businesses, and influencers often overlook that using a trending sound can result in costly cease-and-desist letters.
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Social networks offer (apparent) freedom:
TikTok, Instagram, and Facebook provide a wide range of music—record a video, add a popular sound, post, done. For many users, this is everyday practice, and for private individuals, it’s usually legally unproblematic. However, not all uses are equally permitted.
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The problem: Who is allowed to use which sound?
While private users can generally use many music elements safely, commercial use is more critical. This includes not only classic businesses but also freelancers, government agencies, associations, or influencers with sponsored partnerships. On TikTok, users often complain about cease-and-desist letters and high costs, sometimes without fully understanding why.
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When is use considered commercial?
Commercial use can occur faster than many think. It is often considered commercial if a video promotes products or if a business account uses a certain sound. It also applies when revenue is generated through a video, for example via advertising partnerships.
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The consequence: Cease-and-desist letters and uncertainty
Viral trends make the temptation high, but this is precisely where the risk lies: music is used without a valid license, often unintentionally, but with expensive consequences. The number of warnings for unauthorized music use is rising sharply.
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Assessment by amce studios:
“We don’t want to act as the ‘license police,’ but we want to raise awareness that music use on social media should not be taken lightly. Anyone who wants to be legally safe should carefully study the platform’s terms of use and inform themselves thoroughly,” says Amelie Diehl, CEO of amce studios GmbH.