Imagine you’re a small baker on Instagram, and you decide to use the latest trending song for a cake-making reel to gain maximum reach. One week later, you’re suddenly part of a legal dispute, battling against corporate giants in court.
This might soon be the reality for small content creators and D2C brands based on Instagram, depending on the verdict of an ongoing legal clash between two different businesses in India.
In an unexpected turn of events, two big names from completely unrelated sectors in the Indian corporate industry are standing face-to-face in the Delhi High Court. However, what prompted Zee Music, the broadcasting company, to sue Nykaa, the beauty retailer, is not an unfamiliar term: copyright infringement.
Notoriously aggressive with copyright claims, record label companies such as T-series and Zee Music are known to frequently strike down videos for unauthorised use of their music on intermediary platforms such as YouTube. With the claim that the cosmetic retailer used their tracks on twelve Instagram Reels, Zee Music is now seeking damages worth Rs 2 crore.
The difference from previous cases is that prior to the case, Zee Music and the Meta-owned Instagram had a licensed agreement which allowed Instagram users to add tracks owned by Zee Music on their personal posts. But the fine print adds details, while the songs can be used for personal content, using them for a commercial purpose can amount to copyright infringement.
Upon instructions from the Delhi High Court, Nykaa was forced to take down the disputed reels. However, the company is now trying to involve the silent third party, the intermediary Meta, into the picture, arguing that the tracks came from Instagram’s own library. The much-debated Section 79 of the IT Act 2000 is expected to make a comeback here, preventing Meta from being held accountable. The act shields intermediaries from legal liability for third-party content hosted or transmitted on their platforms.
While such legal battles are easier to fight for large corporations with full legal teams and financial backing, the verdict could have far-reaching consequences for smaller creators and businesses. While Meta (the intermediary) can still claim 'safe harbour' and walk away. Especially for content creators, where the line between personal content and self-brand promotion blurs.