The music industry has welcomed a recent ruling in the German courts involving TikTok that enforces changes to the copyright safe harbour made under the 2019 EU Copyright Directive. The ruling means TikTok is liable for unlicensed content uploaded by its users because it failed to make the “necessary best efforts” to secure a licence from the relevant copyright owner.
The case is particularly interesting given the recent breakdown of licensing negotiations between TikTok and Universal Music, because it clarifies European copyright law in a way that could have consequences for TikTok if it can’t agree a new deal with the major music company.