Updated on August 20, 2026: In addition to TikTok, the letters now also concern Reels on Instagram. Information has been added regarding the scale of the amounts currently being demanded, the reason why the app’s music library often does not cover commercial use, and the transition from a request to a cease-and-desist letter.
Since the summer of 2025, TikTok and Instagram users have been receiving mail from SoundGuardian GmbH. The letters are labeled “Authorization Request,” ask for information about the use of a specific song, and also include a licensing offer that typically runs into the four-digit range. This trend continued into 2026, with Instagram Reels now also being affected in addition to TikTok. For recipients, it is often unclear whether they are dealing with a mere inquiry or an actual cease-and-desist letter.
What is an authorization request?
A distinction is made in copyright law:
- Warning letter: This contains specific allegations of copyright infringement. Typically, injunctive relief, damages and reimbursement of costs are demanded. If there is no response, there is a threat of legal action.
- Authorization Request: This is considered a preliminary step. The rights holder—in this case, SoundGuardian GmbH—wishes to verify whether the use was authorized and is requesting a response or a license.
SoundGuardian’s letters therefore do not yet constitute cease-and-desist letters within the meaning of Section 97a of the German Copyright Act (UrhG), but they may serve as a prelude to such a letter. In practice, these forms overlap because the same letter may request information, offer a license, and set a payment deadline, so that its classification can only be determined based on the specific wording in each individual case.
Why does SoundGuardian GmbH send authorization requests?
- TikTok and Instagram provide a music library that is primarily intended for personal use.
- Commercial users, such as business owners, self-employed individuals, or brand accounts, are often not covered by this.
- Rights holders such as SoundGuardian GmbH focus their attention specifically on these commercial uses.
As a result, commercial accounts in particular are the focus of authorization requests. Anyone who uploads a video via a personal account but clearly uses it for their business is regularly classified by rights holders as engaging in commercial use.
Why the music from the app often does not cover commercial use
Both platforms have shared their music offerings. TikTok provides the Commercial Music Library to business profiles, while Meta offers the Sound Collection for Reels and Stories. Anyone who uses these sections is operating within the license granted by the platform. The rest of the music library, which contains well-known tracks, is based on contracts that the platforms have entered into for user-generated content.
In addition, there is a restriction that is easily overlooked in practice: The license applies only to the platform on which the music was selected. A video created using a track from the TikTok library and subsequently reposted as a Reel on Instagram is not licensed for that platform, meaning that the common practice of repurposing a video creates its own risk.
Typical contents of a SoundGuardian authorization request
In our experience, the letters from SoundGuardian GmbH regularly contain:
- Claiming exclusive rights to certain songs,
- A reference to a specific use on TikTok or Instagram,
- A fixed-price licensing offer that, in 2026, will amount to several thousand euros for a single title,
- Request for feedback by e-mail or online form.
Notably, the application of the reduced value-added tax rate of seven percent suggests the granting of copyright usage rights, pursuant to Section 12(2)(7)(c) of the German Value-Added Tax Act (UStG). Whether SoundGuardian GmbH actually holds the alleged exclusive rights cannot be readily determined from the outside, which is why the chain of rights constitutes the first point of review.
Recommendations for action in the event of an authorization request from SoundGuardian GmbH
- Keep calm and check deadlines: Even if the letters are worded in a punchy way: It is not (yet) a classic warning letter.
- Do not make any hasty payments: Whether SoundGuardian is entitled to demand the required licenses should be checked legally.
- Check usage
- Was the title actually used?
- Was it for private or business use?
- Which library does the title come from, and was the video reposted on a second platform?
- Is the video still online?
- Obtain a legal review
- Clarify the chain of rights: Is SoundGuardian GmbH authorized at all?
- Check the license amount: Are the costs reasonable?
- Develop a strategy: remain silent, react or present counterarguments?
- Act preventively
- Only use music whose rights have been clearly clarified.
- For business accounts, use the TikTok Commercial Music Library or the Meta Sound Collection.
- Alternatively, use your own or GEMA-free music (but note: GEMA-free ≠ rights-free).
When a Request Turns into a Cease-and-Desist Letter
If there is no response or if an agreement on the license fee cannot be reached, the request is typically followed by a cease-and-desist letter demanding that the infringing activity cease, that information be provided, and that damages and costs be reimbursed, in accordance with Sections 97 and 97a of the German Copyright Act (UrhG). Damages are typically calculated based on the “license analogy,” which requires determining what reasonable contracting parties would have agreed upon for the specific use. It is precisely at this point that the amount becomes open to challenge, because the rights holder’s own price list does not necessarily reflect the objective value of a use.
It is important to note that claims arising from copyright infringement are subject to a three-year statute of limitations, pursuant to Section 102 of the German Copyright Act (UrhG) and Section 195 of the German Civil Code (BGB), with the period beginning at the end of the year in which the rights holder became aware of the infringement and the person responsible. Letters concerning videos from a long time ago should therefore also be reviewed in this regard. How the courts assess the letters from SoundGuardian GmbH in detail has not yet been made public, so there is still no established case law on this group of cases.
Have it checked before you pay
The rights clearance requests from SoundGuardian GmbH show that rights holders are now systematically monitoring music use on TikTok and Instagram. While private accounts generally have little to worry about, commercial users face a significant risk because the platform license often does not cover their use.
Anyone who receives such a letter should neither ignore it nor pay it hastily. It is crucial to verify whether the claims actually exist in this form and whether the amount demanded corresponds to the market rate for comparable use.
Support from our law firm
Our law firm specializes in copyright and social media law. We carefully examine authorization requests from SoundGuardian GmbH and develop an individual strategy with you.
You can use our form to upload your authorization request or cease-and-desist letter and have it reviewed with no obligation.
Frequently asked questions
What is an “authorization request” from SoundGuardian GmbH?
A letter sent to TikTok or Instagram users requesting information about the use of specific songs and often containing offers for paid licenses.
Do I have to respond to a request like that?
Don’t sign or pay anything hastily. First, have someone check whether there has actually been any relevant use and whether there is a valid claim.
What are the risks?
A hasty response can result in having to provide information or make payments; the amounts demanded are often negotiable or unwarranted.
Does that also apply to Reels on Instagram?
Yes. These notices now also apply to Instagram Reels. Please note that the music license applies only to the platform on which the track was selected; a video created on TikTok is not licensed for use on Instagram.
How much are the amounts being claimed?
In 2026, several thousand euros are routinely charged for a single title, often plus 7 percent value-added tax. Whether this amount corresponds to what is customary in the market for comparable use must be determined on a case-by-case basis.
Can such claims be barred by the statute of limitations?
Claims arising from copyright infringement generally become time-barred after three years, pursuant to § 102 of the German Copyright Act (UrhG) and § 195 of the German Civil Code (BGB). For videos posted a long time ago, it is therefore worth checking the date of publication and when the copyright holder became aware of the infringement.
Related Articles
- Copyright Cease-and-Desist Letters: An Overview of the Process, Deadlines, and Costs
- Using Music on TikTok: Rights, Risks, and Cease-and-Desist Letters
- Podcast episode on the use of music on social media
Using music and content on platforms like TikTok and Instagram carries copyright risks. Whether you’ve received an inquiry or a cease-and-desist letter, we can advise and represent you. Learn more on our copyright page.
