A reel, a TikTok or a short video without a suitable sound often feels empty. At the same time, music is protected by copyright, even when an app makes it conveniently selectable. Three questions decide the matter: who licensed the music, what purpose the video serves and on which platforms you publish it. This guide explains the legal position for private and commercial videos.
Short answer: A sound from a platform’s library may be used only within the licence the platform provides for that purpose. According to GEMA, private videos with TikTok sounds are permitted only on TikTok, not on other platforms. For commercial content there is a separate Commercial Music Library. Other music requires a licence from the rights holders. Last updated: November 2026.
The most important points at a glance
- Music is protected. That a sound is available in an app says nothing about whether you may use it on every platform.
- Under Section 85 German Copyright Act (UrhG), the producer of a sound recording has the exclusive right to reproduce, distribute and make it publicly available.
- According to GEMA, private videos with sounds from the TikTok library are permitted only on TikTok, not on Instagram, YouTube or Facebook.
- As soon as a video serves a commercial purpose, such as advertising a product or a brand, a different assessment applies.
- For music outside the library you need a licence from the rights holders, otherwise subsequent claims may follow.
What Section 85 UrhG protects
The provision concerns the producer of a sound recording, that is the party that technically produces the recording and bears the economic responsibility for it. Under the first sentence, the producer of a sound recording has the exclusive right to reproduce, distribute and make the recording publicly available. The second sentence provides that where the recording was made within a company, the owner of the company counts as the producer.
The right of the producer of a recording is not the same as the right in the composition or the lyrics. A single song can therefore involve several rights at once. In practice, a sound that runs in your video often brings several rights holders with it, whose consent you must clarify before you publish it.
Private videos: what GEMA says about use on TikTok
GEMA, the German collecting society for music rights, describes on its help page how non-commercial and commercial use differ on TikTok. According to its account, non-commercial videos made by natural persons are exclusively for personal entertainment. Private users may use the TikTok sound library, but according to GEMA such videos may only be presented or shared on TikTok.
This is the point where many people stumble. A private video that is permitted on TikTok must not simply be mirrored to Instagram, YouTube or Facebook. GEMA notes that, in its view, the synchronisation right on these platforms is already covered for private users. That does not mean that any music is freely usable on every platform.
| Situation | Assessment according to GEMA | What you should watch |
|---|---|---|
| Private video with a TikTok sound, shared only on TikTok | Permitted according to GEMA | Do not transfer it to other platforms |
| Private video with a TikTok sound, shared on Instagram | Not described as permitted by GEMA | Create a new video without the sound or licence the music |
| Video with music outside the library | Licence from the rights holders required | Check the music in advance or replace it with licensed music |
| Video that promotes a product or brand | Counts as commercial | Use the Commercial Music Library or a corresponding licence |
When a video counts as commercial
According to GEMA’s description, a video is commercial when a product, a service or a brand is recommended or marketed, or when the video is sponsored. The decision depends on the individual case. According to this account, private accounts can also have a commercial character, for example when they regularly present products.
For students with a side job in influencer marketing this is especially relevant. A single video with a product recommendation can change the assessment, even if the account looks private. Labelling advertising is a separate question, which the guide on labelling influencer advertising (in German) explains.
The Commercial Music Library for businesses
TikTok provides the Commercial Music Library for commercial use. According to the provider’s description, it is a pre-cleared global music library with one million songs that is meant to help businesses find music for their content. The page is aimed at companies and names organic content, video advertising and branded content as areas of use.
An important limit: the library is intended for commercial activities, and the page makes no statement about private users. In addition, according to the page, TikTok recommends involving the legal department when using other licensed sounds or original sounds of other users. The provider states that it last updated the page in July 2025.
Music outside the library
A favourite song from the radio or a streaming service is not automatically cleared for social media. According to GEMA, music that is not in the library requires a licence from the rights holders. The collecting society also describes that infringements can lead to a subsequent licence fee, which can be significantly higher in commercial use.
A common misconception is that a video with a source credit or a reference to the artist is permitted. The credit does not replace the licence. Even a short passage or an excerpt is not automatically unproblematic. What remains decisive is whether you have the right to use it.
Alternatives that work in everyday practice
If you only need music as background, you can use music that is expressly licensed for videos, or offers with clearly described usage rights. The licence should be readable in writing or on the provider’s page, and you should check on which platforms the music is permitted.
Another option is to leave the sound out and record your own soundtrack instead. Your own recordings are protected by copyright, and you decide on their use yourself. The guide on app permissions (in German) shows how to keep an overview of platforms more generally.
Frequently asked questions
May I use a trending sound in my reel?
A sound from the platform’s library may, according to the platform’s rules and GEMA’s description, be used for private purposes on that platform. If the video becomes commercial, the Commercial Music Library or your own licence applies. A trending sound that lies outside that library is not automatically free to use.
May I share a private TikTok video on Instagram?
According to GEMA’s description, private videos with sounds from the TikTok library may only be shown or shared on TikTok. For Instagram you therefore need a different solution, for example a video without the sound or a suitable licence.
Is it enough to name the artist?
No. A credit is a duty in many licences, but it does not replace a licence. Whether you have the right to use the music is decided by the licence, not by the credit in the video.
What happens if I publish without a licence?
According to GEMA, a subsequent licence fee may become due. In commercial use it can be significantly higher. If you receive a warning letter or a claim, have it checked before you sign or pay anything.
Does this also apply to videos in a university course?
Presentations in teaching follow their own rules on the use of works in teaching. They cannot be equated with posting on social media. More on this is in the guide on scripts and slides (in German).
What to do now
- Check whether the video is private or commercial before you choose the sound.
- Note for each sound used its source, its licence and the platforms it is permitted on.
- For commercial content, use the Commercial Music Library or an explicit licence.
- If in doubt, remove the sound or replace it with a licensed alternative before you publish.
Related guides
- Digital rights in everyday life: the overview for students
- A YouTube channel as a side job: what you need to know about income and tax (in German)
- Labelling influencer advertising, even with a small reach (in German)
- Private copies: may you keep streaming recordings? (in German)
Sources: Section 85 UrhG, rights of the producer of a sound recording, gesetze-im-internet.de, retrieved November 2026; GEMA, help on TikTok: non-commercial and commercial use; TikTok, Commercial Music Library (last updated per page July 2025).
Last updated: November 2026. This guide is general information, not individual advice.
