91视频

The copyright dispute between the entertainment major Zee and the lifestyle retail brand Nykaa brings to the fore music licensing arrangements in 91视频 rapidly expanding digital economy. This litigation exposes the limitations of licensing frameworks in an era of social media marketing, influencer advertising and e-commerce.

The dispute is straightforward: Zee contends that Meta’s licence, which grants users access to some of its music catalogue on its platform Instagram, is restricted only to personal or non-commercial use. It is alleged that Nykaa used Zee’s copyrighted songs in promotional reels for its products without a commercial licence.

Nykaa removed the disputed content but asked to make Meta a party in the dispute, arguing that Meta could clarify the scope of the licence better. (Note that this enforcement action is not isolated, and is part of Zee’s broader effort around licensing compliance in digital advertising.)

Revisiting rights of copyright owners

The dispute has many angles to it. For example, it revisits the rights of copyright owners. Ordinarily, copyright owners can exclusively reproduce, communicate, adapt and commercially exploit their works (e.g. a sound recording). Unauthorised commercial use of works may amount to infringement if there are no statutory exceptions or licensing arrangements to the contrary.

This case also illustrates the complexity of platform-based licensing models. Social media platforms often negotiate blanket licensing agreements with music rights holders to allow the use of music in user-generated content. These licences usually distinguish personal from commercial use, but there is a mistaken assumption that commercial use is automatically permissible.

For businesses with digital marketing strategies using short-form videos and influencer collaborations, music is a key tool for consumer engagement and brand recall. This case demonstrates the legal risks for all stakeholders involved in digital marketing, including brands, advertising agencies, influencers and content creators.

Value and responsibility over IP assets

Another issue concerns intermediary liability. Nykaa’s request to implead Meta highlights the question of allocation of responsibility. Who is liable in such cases? Businesses creating promotional content? Platforms providing licensed music libraries? The users themselves? (Note that users rarely have agency in such arrangements, with their rights influenced by the licensing deals between rights holders and platforms.)

Yet another aspect is the growing commercial value of music catalogues. More than ever, media companies treat music rights as valuable IP generating revenue across streaming services, social media, advertising and audiovisual productions.

Naturally, industry strategy would include enforcement against unauthorised use to protect the economic value of IP assets.

Chance to modernise music licensing

From a policy perspective, India is at an inflection point. This dispute is an opportunity to modernise music licensing frameworks, e.g. by revisiting transparency norms around licensing terms and mandating clearer disclosures by platforms to reduce inadvertent infringement. Standardised, industry-wide licences would promote legal certainty while encouraging creative commercial expression.

For businesses, corporate copyright compliance also gains importance, e.g. due diligence before publishing promotional content; streamlined internal compliance policies and legal reviews; and regular licensing audits.

Users responsible for copyright material

This also underscores that users are ultimately responsible for the use of copyrighted material.

Permissions and features on social media platforms are governed by their terms of use, IP policy and applicable licensing arrangements; these may not extend to all forms of commercial or promotional use.

Users must, therefore, carefully review terms and understand the scope of rights granted before using any material. This includes verifying whether: (1) the intended use is authorised; (2) additional permissions or licences are needed; and (3) any third party IP rights are implicated. This diligence can mitigate risks of copyright infringement and ensure overall compliance.

The Zee-Nykaa dispute is no common or garden-variety copyright infringement action because its outcome will likely impact commercial use of copyrighted material, intermediary responsibility, digital marketing and platform licensing, defining the next era for 91视频 digital economy.

Essenese Obhan is the managing partner and Ayesha Guhathakurta is an associate partner at Obhan Mason