Interim injunction granted; parties to negotiate commercial arrangements over music usage on Instagram
In a significant ruling on May 29, 2026, the Delhi High Court addressed a copyright dispute between Zee Entertainment Enterprises Limited and Zivore Apparel Private Limited concerning the unauthorized use of music from Instagram's Music Library. The court, presided over by Justice Tushar Rao Gedela, granted an interim injunction, restraining Zivore Apparel from using Zee Entertainment's music until the dispute is resolved through mediation.
The legal contention arose when Zee Entertainment alleged that Zivore Apparel utilized music from Instagram's Music Library without adhering to the terms specified by the plaintiff. Zee Entertainment sought urgent interim relief, which led to an exemption from pre-litigation mediation requirements under Section 12A of the Commercial Courts Act, 2015, citing urgency as validated by the Supreme Court's judgment in Yamini Manohar v. T.K.D. Keerthi (2024).
During the proceedings, Zee Entertainment's counsel argued that the defendant had posted video reels on Instagram featuring music from their repertoire without proper authorization, violating Instagram's Music Guidelines. The defendant, represented by senior counsel, acknowledged the removal of three out of four contentious video reels and expressed willingness to negotiate a commercial arrangement with the plaintiff.
Justice Gedela directed the parties to the Delhi High Court Mediation and Conciliation Centre to resolve the dispute through mediation. The court emphasized that while negotiations are underway, Zivore Apparel must refrain from using any of Zee Entertainment's music available in Instagram's Music Library.
The court's decision underscores the importance of adhering to copyright guidelines and the role of mediation in resolving commercial disputes. Both parties are scheduled to appear before a senior mediator on June 5, 2026, to discuss potential commercial arrangements.
The matter is set for further proceedings on September 7, 2026, pending the outcome of the mediation process.
Bottom line:-
Commercial Suit - Interim injunction sought against unauthorized use of music from Instagram's Music Library for commercial purposes - Defendant's statement to refrain from using plaintiff's music until dispute resolution through mediation.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Copyright Act, 1957, Order XXXIX Rules 1 and 2 of CPC, 1908, Section 151 of CPC, 1908.
