Delhi High Court Refers Zee-Zivore Copyright Dispute Over Instagram Music To Mediation

The Delhi High Court on 29 May referred a copyright dispute between Zee Entertainment Enterprises Limited and Zivore Apparel Private Limited to mediation after Zivore undertook not to use Zee's repertoire pending adjudication of the injunction application.

Justice Tushar Rao Gedela noted that music available in Instagram's licensed music library cannot, prima facie, be used for commercial purposes and referred the parties to the Delhi High Court Mediation and Conciliation Centre and requested the Centre to nominate a senior mediator familiar with the subject matter. The Bench observed:

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

Zee filed the suit alleging that Zivore, which operates the apparel brand Libas, used songs from Zee's repertoire in Instagram reels to promote its products without authorisation.

Before the hearing, the parties resolved issues relating to three of the four allegedly infringing reels during pre-suit correspondence and removed them. With respect to the fourth reel, Zivore informed the Court that it had removed the reel from its Instagram account, but users could still access it through a direct URL. Zivore therefore sought a direction to Meta Inc. to remove it completely.

The dispute centred on whether a holder of an Instagram business account could use music from Instagram's licensed music library for commercial brand promotion.

After examining Instagram's Music Guidelines and related policy documents, the Court noted that Instagram prohibits the use of licensed music for commercial or non-personal purposes unless users obtain appropriate licences. The Court further noted that Instagram makes its licensed music library available only for personal, non-commercial use and does not permit business accounts to use it for commercial exploitation.

Zivore argued that Instagram's terms and policies permitted its use of the music. The Court, however, found prima facie merit in Zee's contention that the platform's licensing framework did not permit such commercial use. It also rejected Zivore's objection that Zee should have impleaded Meta as a party to the proceedings.

During the hearing, Senior Advocate Abhishek Malhotra, appearing for Zivore, on instructions, expressed the company's willingness to negotiate a commercial arrangement with Zee. He also undertook that Zivore would not use any music from Zee's repertoire available in Instagram's Music Library until the Court finally decides the injunction application. The Bench accepted and bound Zivore to that undertaking.

The matter will next come up on 7 September 2026 after mediation.