Still “only” a letter?
Then the room for manoeuvre is greatest: a well-considered, modified cease-and-desist undertaking and the right response to the payment demand can avoid court proceedings altogether in many cases.
Urgent · SoundGuardian letters & claims SoundGuardian cease-and-desist letter — or already a claim?
SoundGuardian cease-and-desist letter — or already a claim?
Don't pay, don't sign without checking.
Have you received post from SoundGuardian GmbH (Frankfurt am Main, usually represented by a Viennese law firm) — a cease-and-desist letter demanding that you licence a sound recording retrospectively, or already a claim or a court payment order? The demands often range between €3,000 and €10,000 and are frequently excessive against the background of the actual use. What matters is the right strategy — the aim is to pay as little as possible while keeping litigation risk as low as possible.
- Fast on business days — within 24 hours
- If a claim has been served: please call immediately (deadlines!)
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Where things stand
SoundGuardian is now going to court — what that means for you
We are aware that claims are currently being filed and served more frequently. Anyone who has not responded to a cease-and-desist letter so far should not let the matter sit any longer — and anyone already holding a claim almost always has short deadlines to meet.
Claim already served?
Now deadlines count. The demand often arrives as a court payment order: without an objection within four weeks it becomes final and enforceable. Please call immediately and have the document and the date of service to hand.
Even in proceedings: a solution is possible
Even after a claim has been served there is regularly still room for a commercially sensible settlement — in parallel with defending the matter on the merits.
Litigation experience behind you
If it comes to court, we represent you with decades of experience in copyright disputes — from interim injunction proceedings to the main action, through every instance if need be.
How we work
From the first call to a tailored strategy and solution
A SoundGuardian letter often comes with short deadlines and can trigger considerable cost risks; a served claim even more so. The enclosed cease-and-desist undertaking should therefore never be signed unchecked. We keep the free initial assessment clearly separate from any further legal work — that only follows if you actually instruct us after the conversation.
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Free initial assessment
You call, we take the time for a short general assessment — how plausible the demand is, the rough range, how urgent action is, and what stage you are at (letter or claim).
The initial assessment is free and without obligation. Only then do you decide whether to instruct us.
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Review of the file & the facts
Once instructed, you send us the letter or claim, the link to the Reel or video concerned and the background to the publication (commercial? reach? how long published?). On that basis we examine whether the claim is justified, in particular the amount, and the strategic room for response.
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Strategy & cease-and-desist undertaking
In many cases a modified cease-and-desist undertaking is the commercially smartest route. It removes the risk of repetition. In parallel we settle on the best strategic response to the payment demand — matched to your actual scope of use and your appetite for risk.
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Out-of-court solution — and, if necessary, court
The aim is to settle the matter quickly, as cost-effectively as possible and out of court. If a claim has already been served, or the other side turns to the courts, we represent you with decades of litigation experience — from interim injunction proceedings to full court proceedings, through every instance if need be.
What you can realistically expect
Transparent fees — realistic expectations
We don't promise outcomes — that would not be serious. What we can tell you: from our experience with numerous letters of this kind, the demands can usually be reduced significantly.
Fees
Initial assessment by phone: free of charge. Review of your cease-and-desist letter, including discussion and options: flat fee of €200 net. If you then instruct us to act: hourly rate of €380 net — in our experience often around 2 hours, covering strategy, the cease-and-desist undertaking and the response to the other side. If a claim has already been served, the effort depends on the proceedings.
Range of demands
From our practice: retrospective licence demands of €3,000 – €10,000. Against the background of the actual use those amounts are frequently excessive — what matters is the right strategy.
Strategic aim
To pay as little as possible and minimise litigation risk. Which route gets there — a modified undertaking, a wait-and-see defence or targeted counter-arguments — we decide together with you.
The commercial result
Our fee plus the sum you ultimately pay is as a rule noticeably below the original demand — particularly where use was limited and the opening demand was high.
Related topic
Music cease-and-desist letters in Reels, TikToks & Shorts — the overview
SoundGuardian is not the only sender of such letters. For the broader picture — platforms, mechanics, other rights holders such as B1 Recordings GmbH — see: Music cease-and-desist letters on social media.
Your team for copyright law
Two specialised attorneys. One phone number.
Frequently asked
What clients ask about SoundGuardian letters
Who is SoundGuardian GmbH — and is the demand justified?
SoundGuardian GmbH (Frankfurt am Main), usually represented by a Viennese law firm, systematically pursues the unlicensed use of particular sound recordings in social media videos (Instagram Reels, TikTok, Facebook, YouTube Shorts). Whether the demand is justified in your case depends on the type of use and on the amount of the retrospective licence claimed. That is exactly what we examine at the start of the engagement — there is no blanket answer here.
I have already received a claim from SoundGuardian — what now?
We are aware that claims are currently being filed and served more frequently. A served claim triggers deadlines that must be met — anyone who fails to react in time risks a default judgment and therefore the full amount plus costs. In that case please call us immediately and have the claim and the date of service to hand. Even at the litigation stage there is usually still room for a commercially sensible solution.
I have received a court payment order — what does that mean?
Claims like these are regularly pursued in Austria through the order-for-payment procedure: the court issues a conditional payment order without examining the merits. What matters is the four-week objection period from service — if it is missed, the order becomes final and enforceable and the other side can pursue execution. With an objection filed in time the payment order is off the table and ordinary proceedings follow, in which all objections (amount of the claim, scope of use) can be raised. Please call us immediately and have the date of service to hand.
Isn't the music library of Instagram, TikTok or Facebook enough?
The platforms' music libraries expressly cover only personal, non-commercial use. As soon as a Reel or video appears promotional, commercial or business-related, that licence cover can fall away — including for seemingly harmless business profiles, restaurants, online shops or self-employed people. It is precisely that gap which is being pursued systematically.
How high are the sums demanded, typically?
From our practice: demands for retrospective licensing usually range between €3,000 and €10,000, depending on reach, publication period and type of use. Against the background of the actual use, those amounts are frequently excessive. Short response deadlines of 10 to 14 days are customary.
Should I simply pay to get rid of the matter quickly?
Please don't, not without having it checked. The sums demanded are often considerably inflated — particularly with low reach or a short publication period. With the right strategy the economic consequences can usually be reduced significantly. In our experience, paying without checking almost always means overpaying.
What is a modified cease-and-desist undertaking?
A binding promise to refrain in future from the conduct complained of — here: unlicensed use of the sound recording — backed by an appropriate contractual penalty. We draft it so that it covers only the conduct actually objected to and does not restrict your entire marketing practice. With a legally binding undertaking the risk of repetition is generally removed. The question of the amount of damages is then settled strategically.
What does advice from Tonninger Schermaier & Partner cost?
We work in three stages. A short general assessment by phone is free of charge. For the actual review of your cease-and-desist letter — we go through the letter in detail, discuss it with you and set out your options — we charge a flat fee of €200 net. Only if you then instruct us to act on your behalf does our hourly rate of €380 net apply; in our experience, around two hours is often sufficient. This keeps you in control of the costs at every step.
What happens if I don't react, or react too late?
At the out-of-court stage the other side can file a claim. If a claim has already been served, missing a deadline risks a default judgment and the full amount plus your own and the other side's legal and court costs — the overall bill is then quickly far above the original settlement figure. That is exactly what we want to avoid.
Read on: Music cease-and-desist — overview · Copyright cease-and-desist letter
Cease-and-desist letter or claim from SoundGuardian?
Pick up the phone — we'll discuss your options straight away. A first assessment costs nothing. On business days we react quickly, within 24 hours at the latest.