Zee Entertainment, a major Indian media conglomerate, has taken legal action against Nykaa, a prominent fashion and beauty retailer. The lawsuit accuses Nykaa of utilising Zee’s copyrighted music in Instagram reels as a marketing strategy for their products, a move that allegedly infringes on Zee’s licensing agreement with Meta Platforms. Zee Entertainment is seeking damages of US$210,000 for this alleged copyright violation.
The suit, filed in the Delhi High Court on April 3, contends that Zee’s licensing deal with Meta Platforms permits individuals to incorporate Zee’s music into their Instagram posts for non-commercial purposes. However, Zee alleges that Nykaa exploited several of its copyrighted songs in Instagram reels to promote products to its vast follower base.
According to the lawsuit, Zee identified 12 specific Instagram reels where Nykaa purportedly used Zee’s licensed music in its product promotional posts. The court documents, while not publicly available, reportedly include screenshots from these reels as evidence of the alleged copyright infringement.
During an initial hearing, Nykaa’s legal team informed the court that the 12 disputed links had been removed. The lawsuit documents, which amount to more than 900 pages, assert that Nykaa utilised Zee’s music “without obtaining any permissions/authorisations.”
Zee is requesting the court to grant INR 20 million (approximately US$209,742) in damages to compensate for Nykaa’s alleged illicit use of its music.
Both Zee and Nykaa are major publicly traded entities in India’s entertainment and retail sectors, respectively. Legal observers suggest that the resolution of this case could potentially have broader repercussions.
Aditya Gupta, a partner at Ira Law, pointed out that marketing departments frequently access content from music libraries without fully understanding the specific terms and conditions laid out by platforms like Instagram. He suggested that this case could offer much-needed clarity on the issue.
What is the basis of Zee Entertainment’s lawsuit against Nykaa?
Zee Entertainment alleges that Nykaa used its copyrighted music in Instagram reels as a marketing strategy for their products, in violation of Zee’s licensing agreement with Meta Platforms.
What is the requested compensation in the lawsuit?
Zee Entertainment is seeking damages of US$210,000 against Nykaa for the alleged copyright infringement.
What implications could this lawsuit have?
Since Zee Entertainment and Nykaa are significant players in their respective sectors, the resolution of this case could set a precedent and offer clarity regarding the use of copyrighted music in social media advertising.
