TikTok Brand Campaigns: Legal Requirements for Using Chart Hits in 2026
Learn the licensing and labeling obligations for using chart hits in TikTok brand campaigns across Germany, Austria and Switzerland in 2026.
You may only use chart hits in TikTok brand campaigns if you fulfil the licensing and labeling obligations under German copyright law, the Austrian E-Commerce Act and the Swiss UWG. Without a valid licence you face cease-and-desist orders, damages and possible removal of your content.
Definition chart hit: A chart hit is a music track that ranks in the official top-10 singles chart of Germany, Austria or Switzerland for at least four consecutive weeks, making it a recognised popular song.
Legal Foundations in Germany
Copyright and Licensing
Since the Digital Services Act (DDG) took effect in 2024, platforms and advertisers must provide proof of music licences. For chart hits this means:
- Obtaining a licence from a collective rights organisation (e.g. GEMA) or a direct licence from the rights holder.
- Receiving a written confirmation that specifies the usage scope, duration and reach.
- Displaying the licence number in the TikTok video description.
Labeling Requirement
The DDG also mandates clear labelling of all copyrighted works. On TikTok you must show the artist name, track title and licence information either as an overlay or in the description.
Without verifiable licence proof, German brands risk cease-and-desist claims and up to €250,000 in damages.
Once the licence is secured, you can fully exploit TikTok’s creative features without legal worries.
Regulatory Framework in Austria
E-Commerce Act (ECG) and Copyright
The Austrian ECG requires that all online advertising contains clear information about any music used. For chart hits this involves:
- Obtaining a licence from AKM or the rights holder.
- Embedding the licence ID in the TikTok post text.
- Including the licence notice at least 30 characters before any call-to-action.
Special Rules for Micro-Influencers
Influencers with fewer than 10,000 followers may only use chart hits via AKM’s standard short-term licence. A multi-brand licence is required when several brands use the same track in one campaign.
Swiss Legal Landscape (UWG)
Unfair Competition and Music Rights
The Swiss UWG forbids misleading statements about copyrighted works. For chart hits this translates to:
- Clear attribution of artist, title and licence holder in the caption.
- Avoidance of “free-use” claims when no GEMA-free licence exists.
Licensing Models in Switzerland
SUISA offers both single-track and umbrella licences. For cross-border DACH campaigns a licence covering Germany, Austria and Switzerland is advisable.
Practical Checklist for Your TikTok Brand Campaign
- Identify the desired chart hit and verify its current chart position.
- Secure the necessary licence from GEMA, AKM, SUISA or the rights holder directly.
- Document licence number, duration and reach in an internal system.
- Label the video correctly: artist, title, licence ID either as overlay or in the description.
- Test the video on TikTok before launch to ensure no automatic copyright claims are triggered.
Following these steps reduces legal risk and lets you focus on creative performance.
Comparison of Licensing and Labeling Obligations in DACH
| Country | Licensing Body | Required TikTok Attribution | Typical Penalty for Violation |
|---|---|---|---|
| Germany | GEMA or direct licence | Artist, title, licence ID | Cease-and-desist, up to €250,000 damages |
| Austria | AKM or direct licence | Artist, title, licence ID, notice 30 characters before CTA | Fine up to €150,000, content removal |
| Switzerland | SUISA or direct licence | Artist, title, licence ID, licence holder reference | Cease-and-desist, damages under UWG |
If you wonder where to find creators who already work with licensed music, you can view suitable creators for your brand. Many of them partner with music-licence managers, so you can launch immediately with compliance.
Typical Pain Points and How UGC Max Solves Them
- Unclear licence costs, UGC Max offers transparent flat-rate licences for DACH campaigns.
- Hard creator search, our AI-matching finds creators who already use licensed tracks.
- Rights and approval workflow, integrated briefings and approval steps prevent mistakes.
- Budget planning, no hidden fees, everything is predictable up front.
Conclusion
Using chart hits in TikTok brand campaigns in 2026 is tightly regulated across Germany, Austria and Switzerland. With a valid licence, proper attribution and a structured workflow you stay on the safe side. Start your UGC strategy with the right creators and compliant music licences today, get started for free.
FAQ
Do I need a separate licence for each chart hit?
Yes, every individual use of a chart hit must be covered by a licence. If the same track is used in several campaigns, a blanket licence that covers all uses can be more efficient.
How do I correctly label a licensed song on TikTok?
Provide at least the artist name, track title and licence ID either as an overlay or in the video description. In Austria the licence notice must appear at least 30 characters before any call-to-action.
What happens if TikTok issues a copyright claim?
TikTok may block or remove the video. You should immediately provide the licence documentation. Without proof you risk cease-and-desist orders and possible damages.
Can I use chart hits from a stock-music library?
Only if the library explicitly holds the rights to the chart hits and the licence covers advertising use on TikTok. Many libraries only offer GEMA-free tracks.
Sammy NajaWritten by Sammy Naja, Team UGC Max. More about the team →
Editorially responsible: Sammy Naja
Disclaimer: This article is for information only, created to the best of our knowledge (as of 2026) and without guarantee. It is not legal, tax or business advice. Individual details may change or differ in your specific case.
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