Music, photos and rights of use: Clear licenses for influencers correctly
Music in Reels, Stock Photos In the thumbnail, AI images in the advertising post: We clarify what license you really need and regulate what rights you give to your partner.
- Music and image licenses for commercial content
- Allowance of rights on fire deals and productions
- Legally classify AI-generated content
Licenses in everyday creator: what platform libraries cover and what not
Almost every video contains third-party rights: music, sounds, fonts, stock material or excerpts from other works. Many creators rely on the platform’s music library to cover everything. That’s only partially true. The platform licenses usually only apply to use within the platform and often only to non-commercial content. For sponsored posts, Instagram and TikTok provide their own commercial libraries that are significantly smaller.
Conversely, creators regularly give rights to their own content when cooperating. Anyone who is unclear or grants usage rights is giving away money. If you don’t admit enough, you risk quarrels with the client. We provide clarity in both directions.
Typical situations in which we help
- You want to use a current chart song in an advertising reel.
- Your video was demontified or blocked for a content ID hit.
- They use stock photos, fonts or templates and are unsure whether the license allows commercial use.
- A brand wants to use your video in ads, on TV or on posters.
- They create content with AI and want to know who they belong to.
- They produce with cameramen, photographers or musicians and need clear contracts.
Legal basis at a glance
Music rights: composition, text and recording
There are several rights to one song: the copyrights of the composer and lyricist, often exercised by GEMA, and the ancillary copyrights of performers and recording manufacturers. For synchronization, i.e. the connection of music with moving images, the consent of the rights holders is also required. A GEMA license alone is not sufficient for advertising alone.
Platform Libraries and Royalty Free Music
Platforms conclude their own license agreements with labels and collecting societies. The terms of use typically limit these licenses to the platform and partially exclude commercial use. “Royalty-free” music from production libraries is not free of charge, but is licensed via a one-time fee or a subscription. Always keep license proofs.
Grant rights of use (§§ 31 ff. UrhG)
Rights of use can be granted in one place or exclusively, in terms of time, space and content. According to § 31 Para. 5 UrhG, the purpose of the transfer of purpose applies: In case of doubt, only the rights that the purpose of the contract requires are transferred. Unknown types of use can only be granted in writing (§ 31a UrhG). In addition, authors are entitled to appropriate remuneration (§§ 32, 32a UrhG).
AI-generated content
According to German law, purely AI-generated images or texts are regularly not protected by copyright due to the lack of human creation. This can mean that third parties can also use them. At the same time, AI expenses can clearly take over third-party works, brands or personalities. For deepfakes and certain AI content, the European AI Regulation also provides for transparency obligations (Art. 50 KI-VO), which will take effect gradually from August 2026.
Practical examples: typical scenarios
We regularly meet the following scenarios in the consultation. They are anonymized and simplified and show how such cases are typically classified. They do not describe any specific mandates and do not promise a specific result.
Charts song in the sponsored Reel
Situation: A creator backs a paid advertising post with a current hit from the normal Instagram library. The label reports with a license claim.
Legal assessment: The standard library does not regularly cover any commercial content under the terms of use. A separate synchronization license would have been necessary for advertising.
Our approach: We check the terms of the platform at the time of use and the required amount. As a rule, we achieve a comparison and in future set up a workflow with the commercial music library.
Brand wants to use video for TV spot
Situation: A food creator produced a recipe video for a brand, rewarded for Instagram. Now the clip should run as a TV commercial.
Legal assessment: According to the purpose of the contract, the original granting of rights only includes social media use. Another license is required for television.
Our approach: We negotiate an additional license with our own remuneration, limited to the term and the transmission area.
Stock Photo Thumbnail
Situation: A financial YouTuber uses an image from a free image database. Years later, a photographer indicating that the picture had been uploaded there without his consent.
Legal assessment: Good faith acquisition of rights of use is not possible under copyright law. The creator is liable for injunctive relief, but not necessarily for damages in the event of a lack of fault.
Our approach: We check the rights chain and the care of the creator and fend off excessive claims for damages.
AI avatar in the campaign
Situation: An agency has an AI avatar that is very similar to a well-known influencer and uses it for advertising.
Legal assessment: This is less about copyright than about personal rights and the right to the own image of the imitated person. Added to this are the transparency obligations for deepfakes.
Our approach: We advise the agency before the launch, change the concept and design the necessary information. For the affected influencer we would demand omission and a license fee.
That’s how we go
- 1
Initial assessment
You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.
- 2
Secure evidence and deadlines
We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.
- 3
Set strategy
Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.
- 4
Implement and enforce
We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.
Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.
Common mistakes to avoid
- Use music from the normal platform library for paid collaborations.
- Do not archive license documents for stock material and music.
- Assign “all rights” to the client in general, without additional remuneration.
- Assume that AI-generated content is automatically free from the rights of third parties.
Frequently asked questions about music and usage rights
Can I use music if I call the artist?
No. The entry does not replace a license. You need permission from the rights holder or a suitable platform license.
How long can I use music without a license, about 10 seconds?
There is no minor limit in seconds. Short cuts can also be protected.
What does buyout mean?
With a buyout, you grant comprehensive rights of use against a flat-rate remuneration. Clarify exactly which media, which period and which area are included.
Do I own AI images that I generate?
Copyright does not usually arise. Your rights then arise primarily from the terms of use of the AI provider.
Deepening: Further information
Content is capital – and legally protected. Whether photos, reels, music, designs or lyrics: as an influencer:in or creator:in you enjoy automatically copyright protection for their creative works. But only those who know their rights can enforce or effectively license them.
Clarification of rights when creating content
Many platforms require you to fully clarify rights to posts and music. We support you with the legally secure use of foreign material Like songs, sounds, graphics or stock photos and help, Cease-and-desist letter risks to avoid.
Protect your own copyrights
Whether reel, lookbook or self-photographed campaign – your content is protected by copyright. We advise on how you document and protect your rights so that you have clear proof in the event of a dispute. If necessary, we also help with the Enforcement of their rights.
Usage rights regulate and award
Do you work with agencies or brands? Then it is crucial which rights of use you grant – Time, spatial and content. We check and design User Agreementsso that your rights are preserved and you do not risk unwanted exploitation.
Get copyrighted advice now!
Cease-and-desist letters for copyright infringement
Have you received a cease-and-desist letter – for example because of music in the background, licensed images or TikTok sounds? We examine the allegations, defend their position and take care of a pragmatic solution. More on this under Cease-and-desist letter and enforcement.
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