Zee Entertainment has gone to court against Nykaa regarding their use of Zee’s music on Instagram Reels. This disagreement could change how brands use social media. Court papers that haven’t been reported until now show Zee wants $210,000 in damages, and the case will be back in court on May 26th.
The question is how businesses using ‘influencers’ and stores themselves use popular songs to get people to pay attention. Zee says their agreement with Meta Platforms (the company that owns Instagram) lets individuals use their music on Instagram for personal, non-business posts. However, Zee believes Nykaa went too far by using their music to advertise products to their millions of followers.
Why this fight matters for brands
For many customers in India, short videos are the first thing they see and the thing that makes them buy things. Reels grab your attention, and popular songs in Hindi are often what make you remember the ad. But music has many different ownership layers, and just because you can easily find music within Instagram doesn’t mean it’s okay to use it for business and it won’t cause legal problems.
Lawyers specializing in these cases think the results of this case will be felt by more than just Nykaa. Aditya Gupta, a partner at Ira Law in India, says marketing teams frequently use music from the Instagram library without carefully reading the terms and conditions. A ruling in the Zee case could give the industry the clear direction it needs.
Here is what brand leaders should note from the case so far:
– Commercial reels face stricter licensing expectations
– Platform libraries do not override copyright
– Enforcement can be swift and public
What the lawsuit says
The lawsuit, which is over 900 pages long and was filed April 3rd in the Delhi High Court, claims Nykaa used a number of Zee’s songs in Instagram Reels to advertise their products. Zee gave 12 specific links and pictures showing Nykaa using the songs, and says they didn’t get permission or authorization from anyone.
Zee is asking the court to give them 20 million rupees (about $209,742) to make up for Nykaa’s supposed illegal use of the music. They are also asking for $210,000 in damages. Neither company would say anything about the case, and the court documents aren’t available to the public.
Damages sought and legal framing
Zee’s argument is based on their licensing agreement with Meta Platforms. They say this agreement only allows individuals to use the music for personal, non-business purposes on Instagram. Nykaa’s Reels, however, were for advertising, according to what Zee stated in the court documents.
Nykaa’s response and next steps
At a quick hearing on Thursday, Nykaa’s lawyer told the court that all 12 of the Reels that Zee had complained about had been removed. This is written in the court record, but hasn’t been reported before.
The case will be back in the Delhi High Court on May 26th. For now, Nykaa taking the Reels down is a temporary step back, but the basic questions about who has the rights to the music and how it is used to make money haven’t been answered.
The bigger play: music rights on social media
Zee Entertainment and Nykaa are both large, public companies in India and this conflict shows the increasing tension between creating content and selling things. If the court sides with Zee’s understanding of the rules, it will likely become harder for brands to use Reels, and choosing music and obtaining licenses will be something executives discuss, not just the marketing team.
As Gupta explained, marketing teams often use music from Instagram’s library without reading all the details in Instagram’s terms of use. He believes a final decision in the case will give the industry a much-needed explanation of what they are allowed to do.
