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Copyright infringement: How social media and streaming become a trap for cease-and-desist letters – tips from a specialist lawyer
Copyright disputes are commonplace in the digital world. One law firm frequently involved in this context is the Hamburg-based IPPC Law Rechtsanwälte. For many affected individuals, receiving such a cease-and-desist letter is a shock. However, it is precisely at such times that it is crucial to remain calm and act in an informed manner. The accusations no longer pertain solely to the "classic" area of file sharing, but increasingly also to the use of music on social media platforms like TikTok and Instagram.
The classic accusation: Illegal file sharing
For years, the law firm IPPC Law has represented the interests of copyright holders in the film and entertainment industry. The core allegation in most cease-and-desist letters is the unauthorized public distribution of copyrighted works, such as current feature films or series, via internet file-sharing networks.
The recipient of the cease-and-desist letter, usually the owner of the internet connection, is accused of being responsible for this legal infringement. The demands are generally standardized:
- Submission of a legally binding cease-and-desist declaration: This is intended to oblige the person concerned to refrain from the action in the future.
- Payment of a settlement amount: This amount consists of compensation for the rights holder and the opposing party's legal fees.
New focus: Cease and desist letters for music use on TikTok & Instagram
A growing area for cease-and-desist letters is the use of copyrighted music in social media videos. Many users, especially companies and influencers, mistakenly assume that the music provided in the apps (e.g., in the TikTok library) can be used without restriction.
However, this is a dangerous misconception. The licenses that platforms like TikTok acquire for the music in their library generally only cover private, non-commercial use. As soon as a video serves a commercial purpose—such as promoting a product, service, or brand—using a popular song without a corresponding commercial license can constitute copyright infringement. In such cases, IPPC Law issues cease-and-desist letters on behalf of music labels for unlicensed commercial use.
The correct response to a cease and desist letter from IPPC Law
Regardless of the specific accusation, the correct course of action upon receiving such a letter is crucial. Panic and hasty actions are the most common mistakes.
- Stay calm and note the deadlines: The deadlines set are often very short to increase the pressure. Nevertheless, nothing should be rushed. Under no circumstances should you contact the law firm IPPC Law directly.
- Do not make any payments: Do not make any premature payments, even partial ones. This could be interpreted as an acknowledgment of the debt.
- Do not sign the enclosed cease and desist declaration: The pre-formulated declaration is almost always too broad and disadvantageous from a legal perspective. Once signed, it binds you for life. In most cases, it is possible to formulate a modified cease and desist declaration that significantly improves your position without constituting an admission of guilt.
Why legal assistance is crucial in this case
The complexity of the legal situation, particularly regarding the issue of liability for interference or the distinction between private and commercial use, makes specialized legal advice essential.
As a specialist lawyer for copyright and media law as well as IT law, attorney Christian Kramarz, LL.M., possesses the necessary expertise and many years of experience in dealing with cease-and-desist letters from law firms like IPPC Law. A professional review clarifies whether the claims are justified and, if so, to what extent. Often, a cease-and-desist letter can be completely dismissed or the amount demanded significantly reduced. You can find further information on this topic on our special page about cease-and-desist letters from IPPC Law .
Do not act on your own. The Kramarz law firm will assist you and develop a defense strategy tailored to your specific case.
Take advantage of our free initial telephone consultation for a preliminary assessment. You can reach us easily and quickly via our website kanzlei-kramarz.de/kontakt , by email at anfrage@kanzlei-kramarz.de , or directly by phone at +49 6151 2768227. Don't wait until valuable time is lost – secure your rights with expert support.
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