The song is right there in the app’s music library, and the app let you add it to your reel. That is not a licence to use it in an advertisement. Zee has sued Nykaa over twelve reels for roughly ₹2 crore — and the distinction it turns on catches out a great many brands.
What happened
Zee Entertainment Enterprises Ltd., one of India’s largest media conglomerates, filed suit before the Delhi High Court against the beauty and fashion retailer Nykaa, alleging that Nykaa used songs in which Zee owns copyright across twelve Instagram reels promoting its products.
Zee’s case is built on the terms of its own licence: it has a licensing agreement with Meta permitting Meta to allow third parties to use those songs for non-commercial purposes. Nykaa’s use in advertising is commercial, and therefore outside the agreement. Zee seeks compensation of approximately ₹2 crore (around USD 210,000).
This is not Zee’s first such action. It has also sued JioHotstar, alleging use of its copyrighted songs across television shows and the streaming platform after the licence between them had expired.
Why the music library isn’t a licence
The confusion is understandable, and it comes from not seeing how rights in a song are divided.
A song passes through stages of creation, and rights divide along the same lines — between the lyricist, the composer, and whoever records the track, usually a label such as Zee. Multiple rights subsist in a single song, and using it may require permission from more than one rights holder.
Two licences matter most here:
- a synchronisation (sync) licence authorises using a song in synchronisation with visual media, and is typically obtained from the songwriter, composer or publisher; and
- a master licence, obtained from the record label, covers the specific recorded version of the track.
Platforms like Meta enter into blanket synchronisation licensing agreements with labels, paying royalties so that a defined set of songs can be used by the platform’s users — for non-commercial purposes. Instagram’s own guidelines say as much: music in the Instagram library is intended for personal, non-commercial use. Certain business accounts and categories of post do not get access to the music library at all, precisely to keep the songs out of commercial use.
So the availability of a song in the app reflects Meta’s licence, scoped to personal use. It says nothing about whether your brand may use it in an advertisement.
The Meta impleadment argument
The case took a turn when Nykaa argued that Meta should be impleaded as a party, contending that only Meta can determine whether Nykaa’s use violated any existing agreement between Meta and third parties.
Given Instagram’s stated guidelines on music use and the safe harbour protection available to intermediaries, there appears to be little prospect of Meta being held liable for the alleged infringement. The argument also sits awkwardly with the claim being made: if the platform’s licence is expressly non-commercial, the terms are knowable without the platform’s participation.
Not an isolated dispute
Sony has previously sued the fashion app Myntra before the Bombay High Court over unauthorised use of its songs; that case remains pending. Together with the Zee actions, a pattern is visible — labels are systematically pursuing brands and platforms that treat library music as free promotional material.
What brands should take from it
The outcome will help clarify the extent of permissible commercial use of platform-licensed music in India. Until then, the exposure is real and the precautions are ordinary:
- Assume library music is non-commercial unless your own licence says otherwise.
- Obtain sync and master licences where a track is used in promotional content — remembering that these usually come from different parties.
- Audit existing content, including reels published by agencies and influencers on your behalf.
- Read the platform’s terms — Instagram’s guidance on business accounts and the music library is explicit.
Influencer and agency arrangements deserve particular attention. A brand does not escape liability because someone else uploaded the reel, and indemnities in those contracts are worth checking before a notice arrives rather than after.
The takeaways
- Availability is not permission — Meta’s blanket licence covers personal, non-commercial use.
- Rights in a song are split — sync licences from writers/publishers, master licences from labels.
- Brand reels are commercial use — even when the platform supplied the track.
- Labels are actively enforcing — Zee v. Nykaa, Zee v. JioHotstar, Sony v. Myntra.
Frequently asked questions
Can my brand use songs from Instagram’s music library in promotional reels? Generally no — the platform’s licence with labels covers personal, non-commercial use, and Instagram’s guidelines restrict library access for certain business accounts and post types.
What licences are needed to use a song in a video advertisement? Usually both a synchronisation licence (from the songwriter, composer or publisher) and a master licence (from the record label owning the recording).
Is the platform liable if a brand misuses library music? Unlikely — intermediaries have safe harbour protection, and platform guidelines expressly limit library music to personal, non-commercial use.
What is Zee claiming from Nykaa? Approximately ₹2 crore in compensation for the use of its copyrighted songs in twelve Instagram reels promoting Nykaa’s products.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India
- Delhi High Court