According to a prominent music lawyer, the threat of a major copyright lawsuit looms over TikTok, because songs by Universal Music artists such as Taylor Swift and BTS are being used despite the label removing its catalogue from the website.
Simon Goodbody from Bray & Krais law firm who represented Ed Sheeran and other artists, stated that although TikTok “should take down content owned by Universal Music”, the platform does not appear to be able to regulate what its users do.
The label withdrew their songs on TikTok in public at the end January. They accused it of bullying and underpaying its content, as well as not protecting its artist. However, they continued to appear on TikTok user’s pages.
Goodbody stated: “The issue is snowballing, and it is a problem of existential proportions for TikTok. Other rights-holders are watching to see if Universal will agree to better terms, or if this case is taken to court. TikTok must make a deal or else a huge copyright claim will almost certainly happen.
Users upload music from other streaming services even when they can’t choose it from TikTok’s library. The app uses an algorithm to detect copyrighted songs and will either stop the video from being uploaded, or muffle it. There are many TikTok tutorials that teach people how to bypass the copyright filter.
In videos that recreate the dance scene from the hit movie Saltburn, the label’s Murder on the Dancefloor is used as the music. The first example was published as “Murda On the Dancefloor Sped Up” and a second as a slightly modified version, “Orchestral Disco”.
Gill Dennis, a lawyer for Pinsent Masons and an expert in intellectual property, stated that using sped up versions of copyright protected songs was not a way to avoid the ban. These will still be copies of the original songs, and not brand new songs. “They will not be able to avoid copyright violations and will need to have a license from or on behalf the owner of the original track.”
The Times found thousands of videos using snippets of some of Universal Music’s most popular songs from last year. These included originals by Imagine Dragons, and Post Malone. The Times found that many of the videos received thousands of likes. This suggests that the music of Universal Music was still available on YouTube.
Universal Music Group is home to some of the biggest names in the music industry, including Taylor Swift
While users could not use copyrighted songs in their videos, they still had access to videos previously paired with Universal Music.
If no agreement is reached by then, will be forced to remove far more music and videos that include people singing the label’s songs and cover versions. If there is no agreement by then, TikTok may be forced to remove a lot more music and videos featuring people singing the label’s songs or cover versions.
Universal Music Group is home to some of the most popular artists in the world. These include Swift, Ellis-Bextor and Bad Bunny. Other stars are Drake, Ariana Grande Billie Eilish Kendrick Lamar Harry Styles Coldplay, Coldplay, U2, Elton John.
Last month, the dispute between the two giants exploded into the public domain when Universal released an open letter stating: “TikTok’s tactics are clear: Use its platform power in order to harm vulnerable artists and intimidate us to concede to a bad agreement that undervalues the music and shortchanges artists, songwriters and their fans.”
TikTok responded by accusing Universal of spreading a “false story and rhetoric” and putting their “own greed above the interest of their artists and writers”. It claimed that it had reached deals with all other labels and publishers.
Videos of the artists on the label’s artist pages show them singing. However, there is no sound. Instead, a message reads “sound removed due copyright restrictions”.
Universal reported that TikTok revenue accounted for approximately 1 percent of its total revenues, or $85.4 million in the first nine-month period of last year.
One source in the technology industry was surprised that TikTok did not include more pop-ups warning users not to use music.
Universal and TikTok have declined to comment.
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