Note: This article is not legal advice. It gives a general summary of the legal position, with no guarantee of completeness, accuracy or being up to date. Whether you may use a particular piece of music always depends on the individual case. Get it confirmed properly before you publish.
The Reel of the 3-1 win is edited, and all that's missing is the song. A quick dip into Instagram's music library, and you're done. This is exactly where things get uncomfortable for clubs – because just because a track appears in the app doesn't mean you're allowed to use it.
Two rights, not one
Every song has two separate rights attached to it, and you need both:
- The work – the composition and lyrics. In Germany, these are administered by GEMA.
- The recording – the specific studio recording, known as the master right. This sits with the label or the artist themselves.
If you put music under a club video and upload it, you are making it publicly available (Section 19a of the German Copyright Act, UrhG) – and that requires the appropriate usage rights. One licence on its own isn't enough: the work without the recording is no use to you, and vice versa.
The most expensive misconception: "But the platform has a licence"
Instagram, TikTok and YouTube have framework agreements with collecting societies. However, these only cover certain repertoires and certain uses – and here's the crucial point for you:
Club accounts don't count as private users.
A club is an organisation that promotes itself, shows sponsors and sells tickets or kits. Instagram's music library expressly excludes commercial use. YouTube's library is more generous and often allows commercial use too. What applies almost everywhere: the music must not leave the platform – a downloaded clip on your website or on the stadium screen isn't covered by the platform licence.
What about the GEMA agreement for the clubhouse?
It doesn't cover social media. Licences for music in the clubhouse, at the summer party or in the stadium are tailored to that use – posts online need a separate licence. Even the blanket agreement between DOSB and GEMA doesn't spare you from checking.
Especially tricky: advertising and paid events
As soon as things become promotional – a sponsor video, ticket sales for a tournament, a sponsored post – the risk rises significantly. Music under moving images requires a synchronisation right, which is usually cleared directly with the label. Standard tariffs often don't apply here. And if you switch to Creative Commons music: the NC (non-commercial) tag rules out exactly these cases.
What can go wrong
The mild version is handled by the platform itself: the sound is muted or the post disappears. If it happens repeatedly, the account can be restricted or banned – a real loss after years of building it up.
The expensive version arrives by post: in the case of a justified cease-and-desist letter, the club pays the legal costs plus damages, which can easily run into four figures. The legal basis is Sections 97 ff. UrhG; in extreme cases there is even a criminal law dimension (Section 106 UrhG).
Five rules for a good night's sleep
- Check before uploading whether the planned use actually fits the platform's licence – especially for anything promotional.
- Use your own or royalty-free music. A player's brother with a home studio is legally the most relaxed solution there is.
- With Creative Commons, read the licence type. "Free" doesn't mean "for everything".
- If in doubt, ask GEMA – there's a tariff calculator, and a phone call is cheaper than a cease-and-desist. Master rights are cleared separately with the label.
- Always credit the artist by name. It costs nothing, it's the right thing to do, and in a dispute it shows goodwill.
The calmest route: content that works without other people's music
The most honest takeaway from all this: most club posts don't need the chart hit at all. A result post, the line-up, the league table after the matchday, the goalscorer list – these work through design, recognisability and timing, not through a song in the background. And for videos, the sound of the stadium does the job: the cheering, the chanting, the whistle. That's more authentic than any licensed beat anyway.
If you still want music, use it deliberately – in the one spot where it works, with the rights cleared.
Not legal advice: This article summarises the current position in plain language, makes no claim to completeness or being up to date, and does not replace a legal review of your individual case. Whoever publishes the content is liable for the consequences of using music – protect yourselves beforehand, for example with a solicitor, with GEMA or with your state sports federation. This article is based on the detailed expert piece by VIBSS, the Vereins-Informations-, Beratungs- und Schulungs-System (club information, advice and training system) of the Landessportbund NRW. For specific cases, ask your legal adviser or your state sports federation.