Zee vs. Libas: Instagram Music and Commercial Copyright Risks
Using the Instagram music library for brand promotional content constitutes unauthorized commercial exploitation of sound recordings, violating the owner's exclusive rights under the Copyright Act 1957. While platforms provide technical access to music, this does not grant a synchronization license for commercial advertising or brand marketing. Recent judicial trends, including the Delhi High Court's stance in Zee vs. Libas, confirm that fair dealing exceptions are inapplicable to commercial activities, necessitating that brands secure direct licenses from copyright owners to avoid infringement litigation and significant liability for damages.