Got a music copyright letter? What to do next
Short answer
Don’t ignore it, and don’t start deleting posts in a panic. First, save a record of everything the letter mentions. Then get a lawyer involved before you reply. While they review it, find every post that uses that company’s music, including creator and affiliate posts, because the letter usually lists only part of it. Stop boosting anything at risk, and let your lawyer handle the response.
What the letter usually is
Music copyright letters come in a few forms. Some come straight from a record label or music publisher’s legal team. Some come from a law firm or an enforcement company working for them. They usually list posts, name songs, and ask you to take the posts down, pay a license fee or settlement, or both. Some set a deadline.
In Indonesia this kind of letter is often called a somasi, a formal demand that usually comes before a lawsuit. The names and procedures differ by country, but the first steps below are the same almost everywhere. If the sender is in a different country from you, your lawyer will want to know that early, because it affects which law applies and where a claim could be filed.
A letter isn’t a lawsuit. It’s often an opening move, and many of these end in a negotiated license fee or settlement rather than in court. But labels have sued brands after letters went unanswered, so treat it as serious.
Step by step
- Check it’s real. Scam “copyright” emails exist, often with a link or a payment request. Look the sender up yourself, not through the links in the email. A real law firm or label will have a public address and phone number. Never pay into an account named only in the letter.
- Save everything before you change anything. Screenshot each listed post with its date, caption, views and the sound it used. Export the post list from your accounts. Note who made each one: your team, an agency, a creator or an affiliate. Ask your lawyer what you need to preserve. Deleting evidence after you know a claim is coming can cause you serious problems later.
- Call a lawyer, ideally one who handles copyright. Send them the letter and your records. Agree a deadline for the response. If the letter came from another country, tell them which markets you sell in.
- Stop the bleeding. Once records are saved, and with your lawyer’s agreement, pause any boosted posts or ads that use the claimed songs. Pulling ad spend is rarely controversial. Whether to take organic posts down is a judgment call your lawyer should make with you.
- Find every post that uses their catalog. The letter is usually a sample. If one label found three posts, there are often more, including on creator and affiliate accounts you paid or promoted. You want the full list before you negotiate, not after.
- Check your insurance. Some media liability or advertising injury policies cover copyright claims. Insurers often need to be told quickly, so find the policy and notify them early.
- Pull your contracts. Look at agency agreements, creator contracts and affiliate terms for warranties about music and an indemnity clause. If an agency chose the song, they may share the cost.
What not to do
- Don’t reply on your own. A friendly “sorry, our intern picked that song” email can be read as an admission. Let your lawyer write the response.
- Don’t mass-delete before saving records. It can look like you’re hiding evidence, and you lose the information you need to work out your exposure.
- Don’t assume it only covers the listed posts. Damages in the US are counted per work, from $750 to $30,000, and up to $150,000 per work if the use is found willful. Each extra song can add to a claim.
- Don’t keep posting the same way. Using that label’s music after you’ve been warned can make a willfulness argument easier.
- Don’t blame the platform. “TikTok let us use it” rarely helps. Platform music deals generally cover personal use, not brand marketing.
A typical case
A mid-sized beverage brand gets a letter listing 12 TikTok posts with songs from one label. The social lead’s first instinct is to delete all 12 that afternoon. Instead, they screenshot each one, export the account’s post history and call their lawyer. When they check further, they find 31 more posts using that label’s songs: 9 on the brand account and 22 from creators they paid or boosted. Knowing that before the first call with the label changes the conversation. The lawyer can negotiate one license or settlement covering everything, rather than settling 12 posts and getting a second letter for the rest three months later.
How these usually end
Every case is different, and we can’t predict yours. Publicly reported cases have ended in several ways: posts taken down plus a negotiated payment, a retroactive license, a settlement after a lawsuit was filed, or a court case. Crumbl and Marriott, for example, both reached settlements after being sued; you can see those in our lawsuit tracker. Bang Energy fought and lost on key liability points, including for its influencers’ videos.
What tends to help: responding on time, through a lawyer, with a complete picture of your posts and a clear plan to stop it happening again.
Where we can help
We aren’t lawyers, and we don’t negotiate with labels. What we do well is the inventory. We check your brand posts, creator content, affiliate videos and ads, identify every song, and show you which belong to the label or publisher that wrote to you. You get a green, yellow and red list with dates, links and who posted each one, which you can hand straight to your lawyer. Checks start at $500 for up to 100 posts, with larger accounts priced to fit.
And once this is settled, we can keep checking, so you know every post is safe before your boss or a record label asks again.
This is general information, not legal advice. A copyright demand is a legal matter. Speak to a qualified lawyer in your country before you respond, delete posts or make any payment.
Common questions
Should I delete the posts mentioned in the letter?
Save a full record of them first, then ask your lawyer. Deleting can stop further use, but deleting before you’ve preserved evidence can hurt you later.
Can I just ignore a copyright letter?
It’s risky. Labels have sued brands after letters went unanswered, and ignoring a known claim can make it harder to argue the use wasn’t willful.
Is a somasi the same as a lawsuit?
No. A somasi is a formal demand letter used in Indonesia, usually sent before legal action. Take it seriously and get local legal advice.
Will my insurance cover a music copyright claim?
Sometimes. Some media liability or advertising injury policies cover copyright. Check your policy and tell your insurer early, since late notice can affect coverage.
The creator chose the song. Am I still responsible?
Brands have been held responsible for influencer posts they paid for. Your contract with the creator or agency may let you share the cost, so check it.
How do I know if the letter is a scam?
Look up the sender independently, call their published number, and never pay into an account named only in the email. Real claims can be verified.
Part of: Lawsuits and claims
Related guides
General information, not legal advice. Platform rules and licenses change; check the current terms or ask your lawyer about your situation. Lawsuit figures are as reported and represent claims, not findings, unless noted.