Zee-Libas Copyright Row Heads To Mediation As Delhi HC Questions Commercial Use Of Instagram Music

The Delhi High Court has referred a copyright dispute between Zee Entertainment Enterprises Limited (ZEEL) and Zivore Apparel Private Limited, which operates the fashion brand Libas, to mediation after the apparel company undertook not to use music from Zee’s repertoire pending a decision on the injunction application.

Justice Tushar Rao Gedela directed the parties to the Delhi High Court Mediation and Conciliation Centre and requested the appointment of a senior mediator familiar with intellectual property and copyright matters.

The dispute arose from allegations by Zee that Libas used songs from its catalogue in Instagram reels promoting its products without obtaining the necessary authorisations. According to Zee, the use of its music in brand-led promotional content constituted copyright infringement.

During the proceedings, the Court made a significant prima facie observation on the use of music available through Instagram’s licensed music library, stating that such music cannot be used for commercial purposes.

“It appears, prima facie, that the music available in the library of Instagram can be accessed and utilised by individuals or entities strictly within the terms specified... it cannot be used for any commercial purpose,” the Court observed.

Before the matter reached the hearing stage, the parties had already resolved issues relating to three of the four allegedly infringing reels, which were subsequently removed. Regarding the fourth reel, Zivore informed the Court that while it had removed the content from its Instagram account, the reel remained accessible through a direct URL. The company sought directions to Meta to ensure its complete removal.

A key issue before the Court was whether businesses operating Instagram business accounts are permitted to use music from Instagram’s licensed music library in commercial brand promotions.

After reviewing Instagram’s Music Guidelines and related policies, the Court noted that the platform restricts the use of licensed music for commercial or non-personal purposes unless the user has obtained the required licences. The Court further observed that Instagram’s licensed music library is intended for personal, non-commercial use and does not authorise business accounts to commercially exploit the music available on the platform.

While Zivore argued that Instagram’s terms and policies permitted its use of the music, the Court found prima facie merit in Zee’s contention that the platform’s licensing framework does not extend to commercial brand advertising. The Court also rejected Zivore’s argument that Meta should have been made a party to the proceedings.

During the hearing, Senior Advocate Abhishek Malhotra, appearing for Zivore, informed the Court that the company was open to exploring a commercial arrangement with Zee. He further undertook that Zivore would refrain from using any music from Zee’s repertoire available in Instagram’s Music Library until the injunction application is finally adjudicated.

Accepting the undertaking, the Court bound Zivore to its commitment and referred the dispute to mediation.

The matter is scheduled to be taken up again on September 7, 2026, following the mediation process.