If you enjoyed watching Universal Music Group remove its entire catalog from TikTok, you’re going to really like what’s potentially coming.
For those who enjoy high-stakes clashes between major media companies and tech giants, Universal Music Group vs. TikTok was action-packed. But you might need a new bowl of popcorn for what’s next.
According to multiple sources providing details to Digital Music News, UMG has been flooding TikTok with DMCA takedown notices since the harsh content takedowns in late January. But it could be a prelude to more serious legal action in the coming weeks.
As for takedown notices sent, one estimate puts the number of notices “in the tens of thousands,” claiming that TikTok still hosts massive amounts of UMG-controlled content despite the recent drop.
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Part of the problem involves altered or modified music. Most often, songs are sped up, even slightly, although TikTok abounds with a number of mods. These modified versions become more difficult to detect and remove, but they are just as disruptive. The situation forced UMG to put teeth into its takedown and pursue the remaining tracks on the platform.
Under the rules of the Digital Millennium Copyright Act (DMCA) in the US, user-generated platforms are required to remove infringing content when formally notified. Failure to comply with a legal request can subject the platform to massive infringement penalties if the content is not removed quickly.
This is hardly new: rights owners like UMG have been sending out DMCA takedown notices for decades. However, according to sources, these takedown notices are just the first step in a potentially heavy legal attack on TikTok and its Chinese owner ByteDance.
Here’s how it could work: According to sources familiar with the matter, UMG is not only focused on removing its music from the popular social media site, but also on holding TikTok accountable for not complying with its repeat offender policy, a requirement under the DMCA.
In short, the DMCA policy on repeat infringers dictates that platforms must have a procedure to terminate the accounts of repeat infringers or face serious penalties or legal action. In the case of TikTok, repeat offenders do not seem to face account suspensions or removals — with TikTok either unwilling or unable to successfully purge its platform of these problematic accounts.
And that’s a potentially huge problem for TikTok.
Suddenly, a more complex strategy emerges. UMG wants to remove infringing content, but their stream of DMCA takedowns may also target a serious vulnerability in the platform’s content management policies.
“Of course, these DMCA takedown notices are part of UMG’s dispute with TikTok, but the goal isn’t really to remove UMG’s music from TikTok,” one source said.
Universal Music Group has yet to comment, and it’s unclear if legal filings will be forthcoming. Separately, the parties are understood to be working in a negotiation process, although so far these talks have not yielded results.
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Meanwhile, UMG is understood to be not just considering but actively preparing to take legal action within weeks, with the DMCA’s repeat infringer policy an important part of their upcoming complaints. “They don’t just send notifications; they are closely monitoring TikTok’s response to users who have been subject to multiple notices,” the source continued, while noting that “TikTok’s inaction” regarding its repeat offender problem is a serious concern.
Separately, a whistleblower noted that “easily more” than 100 million videos on TikTok have been muted. This may not include videos with modified music content, changed for entertainment or specifically to avoid detection by UMG or TikTok.
The removal of a huge number of videos from TikTok – now in its eleventh week – has unexpectedly sparked a wave of discontent among content creators and their audiences. Strategically, TikTok seems keen to overcome these concerns, potentially due to the prevalence of modified workarounds on the platform. Separately, Taylor Swift’s decision to “cross the line” and license TikTok also makes life easier for ByteDance.
For UMG, dropping the hammer on TikTok helps preserve creative assets while sending a strong message. In this context, the Taylor Swift situation – an event called a “big fat disappointment” by UMG insiders – raised concerns about whether other defecting superstars could further weaken UMG’s position.
In response to UMG’s relentless takedown campaign, some content creators are turning to free music or independently published songs to continue their work unhindered by copyright battles.
More at that is developing.