Zee Entertainment sues Nykaa for using its songs in Instagram reels without licence
Mumbai: Zee Entertainment Enterprises has filed a copyright violation case against FSN E-Commerce Ventures, the owner of beauty and fashion retailer Nykaa, in the Delhi High Court.
Citing the Copyright Act of 1957, Zee claimed that FSN E-Commerce had used the former's songs in brand promotion in about a dozen Instagram reels without seeking permission or licensing.
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Senior counsel Abhishek Malhotra and Madhu Gadodia of Naik Naik & Co, representing FSN E-Commerce, however argued that Meta Platforms, Instagram's parent and Zee's licence partner, should be included as a necessary party.
The lawyers for Nykaa stated that Meta provides licensed music to all users as a standard feature and that using Instagram's native music tools falls within the licencing agreement between Instagram and Zee. They also argued that without Meta' involvement, a licensing framework cannot be properly reviewed. They said the order to remove content cannot be effectively enforced since only the platform has the authority to mute audio, remove content, or restrict access.
FSN E-Commerce informed the court that the twelve identified Instagram reels have been removed and are no longer accessible to the public.
Harsh Kaushik, the counsel for Zee Entertainment, instructed by Anushree Rauta of ANM Global, argued that the licensing agreement with the social media platform is for non-commercial use, whereas any commercial use requires prior approval and payment.
Zee Entertainment and FSN E-Commerce declined to comment stating that the matter is sub judice.
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In the past two years, there have been three similar cases of music copyright violation. These include Sony Music-Myntra, Saregama-Emami, and Sony Music-Marriott Group. Lack of clear understanding between personal expression and commercial exploitation of music is one of the key challenges resulting in copyright violations.
Due to a lack of strict compliance, the Indian music industry is losing ₹8,000-10,000 crore annually in royalty payments, said independent music analysts.
Citing the Copyright Act of 1957, Zee claimed that FSN E-Commerce had used the former's songs in brand promotion in about a dozen Instagram reels without seeking permission or licensing.
Also Read: Zee Entertainment unlocks value of content library through syndication deals
Senior counsel Abhishek Malhotra and Madhu Gadodia of Naik Naik & Co, representing FSN E-Commerce, however argued that Meta Platforms, Instagram's parent and Zee's licence partner, should be included as a necessary party.
The lawyers for Nykaa stated that Meta provides licensed music to all users as a standard feature and that using Instagram's native music tools falls within the licencing agreement between Instagram and Zee. They also argued that without Meta' involvement, a licensing framework cannot be properly reviewed. They said the order to remove content cannot be effectively enforced since only the platform has the authority to mute audio, remove content, or restrict access.
FSN E-Commerce informed the court that the twelve identified Instagram reels have been removed and are no longer accessible to the public.
Harsh Kaushik, the counsel for Zee Entertainment, instructed by Anushree Rauta of ANM Global, argued that the licensing agreement with the social media platform is for non-commercial use, whereas any commercial use requires prior approval and payment.
Zee Entertainment and FSN E-Commerce declined to comment stating that the matter is sub judice.
Also Read: Banks cede consumer durable loans to NBFCs as credit cards take over small-ticket financing
In the past two years, there have been three similar cases of music copyright violation. These include Sony Music-Myntra, Saregama-Emami, and Sony Music-Marriott Group. Lack of clear understanding between personal expression and commercial exploitation of music is one of the key challenges resulting in copyright violations.
Due to a lack of strict compliance, the Indian music industry is losing ₹8,000-10,000 crore annually in royalty payments, said independent music analysts.
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