Zee Entertainment Enterprises Ltd. has approached the Delhi High Court against ethnic wear brand Libas, alleging unauthorised use of copyrighted music in promotional content published on Instagram. The media company is seeking a permanent injunction, damages and an account of profits arising from the alleged infringement.
According to a court order dated 29th May, Zivore Apparel Pvt Ltd, which operates the Libas brand, has removed three of the four Instagram reels identified by Zee Entertainment. The fourth reel has also been removed from the company’s account, although it may remain accessible through a direct link.
The court recorded an undertaking from Libas that it would not use Zee’s music catalogue on Instagram while the matter remains pending. The undertaking will remain binding until further directions are issued by the court.
Justice Tushar Rao Gedela has referred the dispute to mediation, directing both parties to explore the possibility of a commercial arrangement. The mediation process will run alongside court proceedings, with the next hearing expected after discussions between the parties.
In its suit, Zee alleged that Libas used its songs in Instagram reels promoting its products and retail operations. The company argued that such usage constituted commercial exploitation of copyrighted works and fell outside the permissions available under platform-level licensing arrangements.
At the centre of the dispute is Zee’s interpretation of its agreement with Meta Platforms, the owner of Instagram. While Zee’s music is available within Instagram’s music library, the company contends that such access is restricted to personal and non-commercial use. It argues that businesses and brands using music in promotional or advertising content are required to obtain separate licences directly from copyright holders.
The court noted that Instagram’s music guidelines place responsibility for content compliance on users and specify that music cannot be used for commercial purposes without appropriate licensing. It further observed that access to Instagram’s music library does not automatically grant commercial usage rights, even to business account holders.
Libas had argued that its use of music available through Instagram’s built-in library was permissible under the platform’s terms, particularly given features made available to business accounts. However, the court was not persuaded by this argument at the preliminary stage, citing express restrictions on commercial use contained within Meta’s policies.
Although the immediate issue has been partially addressed through the removal of the disputed content, the case is expected to draw greater attention to the legal framework governing the use of music in social media marketing if the matter is not resolved through mediation.
