The increasing use of social media platforms for brand promotion has raised significant questions regarding the scope of permissions available to users through platform-based music libraries. While social media platforms provide users with access to licensed music, the terms governing such access often distinguish between personal and commercial use. Consequently, businesses using copyrighted music for promotional activities must ensure that such use falls within the scope of the applicable licence or is otherwise authorised by the copyright owner.
In Zee Entertainment Enterprises Limited vs Zivore Apparel Private Limited [CS(COMM) 651/2026], the Delhi High Court examined, at the interim stage, whether a business entity could commercially use sound recordings from the plaintiff’s repertoire solely because such works were accessible through Instagram’s Music Library. The dispute focused on the interpretation of Instagram’s Music Guidelines, the scope of permissions available to business account holders, and the alleged unauthorised commercial exploitation of copyrighted sound recordings.
The plaintiff, Zee Entertainment Enterprises Limited (“ZEE”), filed a suit alleging that the defendant, Zivore Apparel Private Limited, used sound recordings from ZEE’s repertoire in promotional reels uploaded to its Instagram account without obtaining the necessary licence from the plaintiff. The plaintiff asserted that, although Instagram permits users to access music in its licensed library, such access is governed by the platform’s Music Guidelines, which expressly prohibit commercial use of copyrighted music unless appropriate licences have been obtained from the relevant rights holders.
At the start of the hearing, the Court noted that during correspondence exchanged before the institution of the suit between the parties, the defendant had already removed three out of the four allegedly infringing reels. The defendant further informed the Court that the remaining reel had also been removed from its Instagram account, although it remained accessible through its direct URL, and submitted that an appropriate direction may be required to be issued to Meta Inc. for its complete removal.
To support its case, the plaintiff relied upon Instagram’s published Music Guidelines and related platform policies governing the use of music available through Instagram’s licensed music library. The plaintiff submitted that these guidelines clearly provide that users remain responsible for the content they post or promote and that nothing contained in the platform’s terms constitutes authorisation by Meta for the use of music on its products. The plaintiff further contended that while Instagram provides access to its licensed music library, such access is intended for personal and non-commercial use unless appropriate licences have been obtained separately from the copyright owner.
The plaintiff also referred to Instagram’s policies relating to professional and business accounts, which provide additional business tools and promotional features for advertising, monetisation, account growth and brand promotion. However, according to the plaintiff, these features did not override the Music Guidelines applicable to the use of licensed music available through the platform. Therefore, the availability of promotional tools to business account holders did not authorise commercial use of music from the licensed music library.
The defendant, on the other hand, argued that its use of the sound recordings was permissible because the music had been sourced directly from Instagram’s Music Library in accordance with the platform’s policies applicable to account holders. The defendant relied on Instagram’s published guidelines governing access to the Music Library and professional accounts. The defendant further contended that Meta had not been impleaded as a party to the proceedings and raised an objection based on misjoinder of parties.
The Court closely reviewed the relevant parts of Instagram’s Music Guidelines and professional account policies presented in the case. The Court took note of the provisions stating that users are responsible for the content they post or promote, that nothing in the platform’s terms authorised the use of copyrighted music, and that commercial or non-personal use of music is prohibited unless appropriate licences have been obtained. The Court also noted that the platform’s licensed music library was stated to be intended for personal and non-commercial use, while commercially usable and royalty-free music audio was available separately through Meta’s Sound Collection, including for advertisement purposes.
After considering these terms, the Court noted that, prima facie, music available through Instagram’s Music Library could be accessed and used only in accordance with the platform’s conditions and could not be used for commercial purposes without the required authorisation. The Court further noted that the defendant neither claimed ownership over the sound recordings forming part of the plaintiff’s repertoire nor asserted that it had obtained any authorisation from the plaintiff to commercially use such works. The defendant’s principal defence rested solely upon its interpretation of Instagram’s platform policies and conditions governing account holders. The Court was not convinced by the defendant’s submissions regarding the scope of permissions available under Instagram’s guidelines.
During the hearing, the defendant expressed its willingness to work out a commercial arrangement with the plaintiff. Pending such discussions, the defendant agreed not to use any music belonging to the plaintiff’s repertoire available through Instagram’s Music Library until the interim application was finally decided. The Court accepted this and directed the defendant to remain bound by the statement until further orders. Since both parties were willing, the Court referred the case to mediation at the Delhi High Court Mediation and Conciliation Centre and directed them to complete the pleadings.
The order is important because it offers judicial guidance on the relationship between platform-based licences and copyright law in the context of social media marketing. The Delhi High Court recognised that the availability of copyrighted music through Instagram’s Music Library does not automatically grant commercial rights to use it. The decision reminds businesses to separate platform access from copyright permission, especially when using music for branding or advertising. The order also shows the Court’s willingness to facilitate a negotiated commercial solution while maintaining an interim restriction through the defendant’s undertaking.
Authors: Manisha Singh and Kratika Patel