Even before Corona there were a wide variety of “challenges” on social media platforms. The best known will probably be the so-called “Ice Bucket Challenge”, in which countless Instagram users pour ice-cold water over themselves. Due to the coronavirus pandemic, an even larger part of the social interaction took place on the social media platforms, so that new “challenges” kept coming up. Now some of the participants in the “Jerusalema Challenges” are in a lot of trouble. Many participants in the “Jerusalema Challenge” were warned by Warner.
Received a warning from Warner – what to do
Warner asks the participants in the warnings, among other things, not to make the video clips available on YouTube. At the same time, Warner also demanded compensation in the mid four-digit range and reimbursement of legal fees. Basically, it looks bad legally for the warned. The composer or his label Warner have the so-called “synch right” according to § 88 UrhG.
It can be assumed that the participants in the “Jerusalema Challenge” have linked a musical work with “sequences of images” to a film without asking the rights holder for a license, so that the asserted claims, i.e. injunctive relief and damages, will be justified . Nevertheless, a cease and desist declaration should not be given lightly and the compensation should not be paid prematurely. In the event of warnings, it is always worthwhile to talk to an experienced lawyer.
Are there now threats of warning waves at TikTok and Co?
Unfortunately, it looks bad here too. In principle, the regulations of the UrhG also apply to TikTok, so that § 88 UrhG also applies here.
For example, TikTok writes in its terms of use for the use of foreign music:
“IN RELATION TO SOUND RECORDINGS (AND THE MUSICAL WORKS CONTAINED THEREIN) MADE AVAILABLE WITHIN THE SERVICES OR THROUGH THE SERVICES, YOU WILL NOT BE GRANTED ANY RIGHTS UNDER THESE TERMS OF USE”.
Facebook also makes it clear in its terms of use that the use of music for commercial or non-personal purposes is prohibited, unless users have acquired appropriate licenses.
Accordingly, there is an acute danger that Warner has triggered a “wave of warnings” and that other authors will follow suit and warn users of the social networks.
Accordingly, users of TikTok, Instagram or other social networks should be careful when using music from now on at the latest and, to be on the safe side, contact a lawyer beforehand.
Did you also receive a warning from Warner about the “Jerusalem Challenge” or are you unsure about the use of music in your video on TikTok or Instagram?
Then I would be happy to advise you.
Your Marek van Hattem
Attorney at HIMMELREITHER
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