Do I Have to Credit Music Creators in Commercial TikTok Videos in 2026? Legal Guide

Short answer: You do not have to name the music creator in commercial TikTok videos as long as you have a valid license. The GEMA does not require mandatory attribution if the license is in order; attribution is only required when you use the work without a license or if a contract explicitly demands it.

Definition: What is a commercial TikTok video?

A commercial TikTok video is any video created as part of a business activity, for brand awareness, product showcase, lead generation, or direct sales promotion. It does not matter whether the video is produced in-house, by an influencer or via an agency.

Legal situation in Germany, Austria and Switzerland

Since the entry into force of the Digital Services Act (DDG) §5 in 2024, Germany requires an imprint for digital content but does not mandate the naming of music creators if the usage is licensed. Austria follows the E-Commerce Act (§5 ECG) and media law, while the Swiss UWG (Art. 3 Abs. 1 lit. s) also does not impose a general attribution requirement when licensing conditions are met.

Germany

• GEMA license covers music use in online videos.
• Attribution is only required if voluntarily agreed or specified in certain collective contracts.
• Violations can lead to cease-and-desist orders and damages.

Austria

• VAMS (Verwertung-Gesellschaft) handles rights similarly to GEMA.
• Imprint obligation under ECG, but no mandatory attribution.

Switzerland

• SUISA governs music rights and does not require mandatory attribution for licensed use.
• Legal framework aligns with the Copyright and Related Rights Act (URLG).

What obligations arise when you use music?

The main obligations fall into three categories:

1. License acquisition: Before uploading, ensure you have a valid license for the track, either a GEMA (or equivalent AT/CH) license or a completely royalty-free library.
2. Rights declaration: While not legally required, many brands voluntarily credit the license holder in the video description for transparency.
3. Imprint: Your profile must contain a full imprint (DDG §5, ECG §5); a simple e-mail address is insufficient.

Consequences of non-compliance

Uploading music without a proper license can trigger an cease-and-desist notice from the relevant collecting society (GEMA, VAMS, SUISA), followed by claims for injunctions and damages. In practice, this often leads to temporary TikTok account suspension and potentially high financial penalties that scale with the video's reach.

"A proper license eliminates the attribution obligation under current copyright and neighboring rights law.", GEMA Guidelines 2026

Practical solution: License-free music from UGC Max

Many brands avoid the complexity altogether by using license-free, GEMA-free music libraries. UGC Max offers a curated collection of studio-quality tracks that are cleared for commercial use. The tracks can be inserted directly into TikTok videos without any additional licensing steps.

The automated creator-to-audio matching on UGC Max saves you time, reduces costs, and removes legal risk.

Comparison of licensing models for TikTok music

Model	Advantages	Disadvantages	Typical Cost (2026)
GEMA license (per-use)	Extensive catalogue, legally safe	Complex administration, costly for many videos	Variable, based on usage
License-free library (UGC Max)	Flat-rate, instant use, no attribution needed	Smaller catalogue compared to GEMA	Monthly flat rate from €49
In-house production	Unique, full control	High production cost, time intensive	Project dependent

Key Takeaways

• You do not need to name the music creator if you hold a valid license.
• Commercial TikTok videos are subject to DDG, ECG or UWG, a complete imprint is mandatory.
• Violations can lead to cease-and-desist orders, account bans, and damages.
• Using a license-free library from UGC Max is the simplest, risk-free approach.

Conclusion

The 2026 legal landscape makes it clear: with a proper license you avoid any mandatory attribution, but you must still provide a compliant imprint and respect the licensing terms. Choose a royalty-free audio library to minimise effort and legal exposure. Start your UGC strategy with compliant, GEMA-free music on UGC Max, Get started now.