Zee Entertainment Enterprises Ltd. has moved the Delhi High Court against apparel brand Libas over alleged unauthorised use of copyrighted music in promotional Instagram content, with the dispute now headed for mediation after initial takedowns by the retailer. The suit seeks a permanent injunction, damages and an account of profits.
In an order dated May 29, the court recorded that Zivore Apparel Pvt Ltd, which operates the Libas brand, has already removed three of the four reels flagged by Zee, and has also taken down the fourth from its account, though it may still be accessible through a direct link. The company has undertaken not to use Zee's music repertoire on Instagram while the case is pending, a statement that will remain binding until further directions.
Justice Tushar Rao Gedela has referred the parties to mediation, directing them to explore a possible commercial arrangement. The mediation process will run alongside the court timetable, with the next hearing scheduled after the outcome of those discussions.
The lawsuit marks an escalation in enforcement by Zee, one of India's largest listed media companies with a market capitalisation of about 18,000 crore, and a significant music catalogue housed under Zee Music Company. The broadcaster claims ownership of more than 19,000 sound recordings and has been licensing its catalogue across platforms, including social media distribution agreements.
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According to the suit, Libas used tracks such as Jugraafiya, Lehra Do, Piyu Bole and Uyi Amma in Instagram reels that promoted its products and retail presence. Zee argues that such use amounts to commercial exploitation and falls outside the scope of permissions granted under platform-level licences.
Zee's core argument hinges on the nature of its agreement with Meta Platforms. While its music is available on Instagram, the company contends that this access is limited to personal and non-commercial use. Commercial entities, including brands using content for advertising or promotion, are required to procure separate licences from the copyright owner.
The court's prima facie view aligns with this interpretation. It noted that Instagram's own music guidelines explicitly state that users remain responsible for the content they post and that music cannot be used for commercial purposes without appropriate licensing. The court also observed that access to the platform's music library does not automatically confer commercial usage rights, even for business accounts.
Libas, a fast-growing ethnic wear brand in India's competitive fashion segment, had argued that its use of music available within Instagram's library was permissible under the platform's terms, especially given features extended to business accounts. The court, however, was not persuaded at this stage, particularly in light of express restrictions on commercial use embedded in Meta's policies.
For Zee, the case fits into a broader monetisation effort around its music catalogue as social media platforms become key distribution channels for branded content. For consumer brands such as Libas, the dispute highlights growing legal risk around digital marketing practices that rely on widely available platform tools without independent licensing checks.
While the immediate issue has partly eased with the removal of the content, the underlying question of how brands can legally use music in social media advertising is now set for closer scrutiny unless resolved through settlement.
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