A significant legal battle is unfolding in the Delhi High Court, pitting media giant Zee Entertainment against beauty and fashion retailer Nykaa. Zee has initiated a lawsuit seeking approximately ₹2 crore (about $210,000) in damages, claiming Nykaa used its copyrighted music in promotional Instagram Reels without proper authorization.
The dispute centers on the distinction between personal and commercial use of music on social media. Zee holds a licensing agreement with Meta Platforms, the parent company of Instagram, which permits individuals to use its music in posts for non-commercial purposes. However, Zee alleges that Nykaa crossed this line by incorporating several of its copyrighted songs as background music in at least 12 Instagram Reels specifically designed to promote and sell products to its millions of followers.
The Core of the Copyright Infringement Claim
According to Zee's over 900-page lawsuit, filed on April 3, Nykaa utilized the music in its promotional content "without securing any permissions/authorisations" from Zee. Screenshots of the alleged infringing reels were included as evidence.
During a recent hearing, Nykaa's legal representative informed the court that the 12 flagged Instagram links had been removed. Both companies have declined to comment on the ongoing litigation. The case is scheduled for its next hearing on May 26.
Broader Implications for Digital Marketing and Music Licensing
Legal experts suggest that the outcome of this lawsuit could have far-reaching consequences for India's digital marketing industry. Short-video formats, particularly on platforms like Instagram, have become a primary tool for brand promotion, often featuring popular Hindi film songs as background audio.
Aditya Gupta, a partner at Ira Law, highlighted a common oversight among marketing teams: "Marketing departments often use content available on music libraries without reading the fine print of the Instagram terms." He added that the court's decision is expected to "provide much-needed clarity" on the issue.
The case effectively serves as a crucial test of whether the non-commercial carve-out in platform licensing agreements protects brands that use music to directly promote and sell products. Depending on the verdict, companies across India may be compelled to significantly rethink and revise their strategies for music licensing in online promotional content.