Social media advertising thrives on trends, and music often plays a central role in making content engaging and memorable. However, the increasing use of popular songs in Instagram Reels and advertisements has led to a growing wave of copyright disputes worldwide. For brands, influencers, and marketing agencies, the assumption that music available on Instagram can be freely used in advertisements can prove to be a costly mistake.
Understanding the Copyright Framework
A song typically comprises two distinct copyrighted works: (i) the musical composition (including the lyrics and melody); and (ii) the sound recording (the recorded performance). In many cases, the rights in one or both of these works may be owned, assigned to, or controlled by music publishers, record labels, or other right holders.
Using a copyrighted song in commercial content may require permission from the relevant owners of these rights. The mere availability of a track within Instagram's music library does not necessarily authorize its use in advertising, sponsored content, or other commercial campaigns.
Why Instagram Advertising Creates Legal Exposure
While social media platforms may permit certain uses of music for personal or non commercial content, commercial advertising is often treated differently. Legal risks commonly arise as below:
- Brands use trending songs in promotional reels without obtaining appropriate licences;
- Influencers incorporate copyrighted music into sponsored content;
- Businesses repurpose user-generated content containing copyrighted music for advertisements; or
- Marketing agencies assume that platform availability equates to commercial clearance.
As rights holders increasingly rely on automated content recognition tools, unauthorized uses are detected more efficiently than ever before.
The Nykaa Litigation: A Significant Indian Development
The issue recently came under judicial scrutiny in India when Zee Entertainment initiated copyright infringement proceedings against Nykaa before the Delhi High Court. In this case, Zee alleged that Nykaa used Zee owned songs in multiple Instagram Reels promoting its products without obtaining the requisite commercial licences. The suit reportedly seeks damages of approximately ₹2 crore. A central issue in this case is the distinction between personal use and commercial use of music on social media platforms. Zee contends that platform based permissions available to ordinary users do not automatically extend to businesses using music in advertisements, branded content, or promotional campaigns. Nykaa has formally asked the Delhi High Court to implead Meta as a party to the Zee copyright dispute, since the scope of the licence available to Instagram users is a question on which Meta is best placed to provide evidence.
Although Nykaa reportedly removed the identified reels during the proceedings, the case has drawn significant attention because it may clarify the extent to which businesses can rely on music available through Instagram's platform and whether separate commercial licences are required. The case is being closely watched by advertisers, influencers, agencies, and in house marketing teams because it may provide judicial guidance on the scope of platform based music licences and the legal meaning of commercial use in the context of social media marketing. This ongoing litigation serves as a reminder that platform access to music does not necessarily translate into advertising rights.
Global Trends: Increasing Enforcement of Music Rights
The Nykaa dispute is consistent with a broader global trend of rights holders actively enforcing music copyrights in the digital advertising ecosystem. In 2025, Eight Mile Style, Eminem's music publishing company, filed a lawsuit against Meta alleging unauthorized storage, reproduction, and availability of hundreds of Eminem songs through platform features, including Instagram Reels and Facebook audio tools. The case underscores the continuing debate regarding music licensing obligations within social media ecosystems.
In 2024, members of the Beastie Boys sued Chili's parent company over social media advertisements that allegedly used elements associated with the band's music and creative works without authorization. The dispute highlighted that brands may face liability not only for unauthorized music use but also for exploiting recognizable music-related creative content in advertising.
Potential Consequences for Businesses
Unauthorized use of copyrighted music can expose businesses to:
- Takedown notices and removal of advertisements;
- Restrictions or strikes on social media accounts;
- Cease and desist demands from rights holders;
- Claims for damages, licence fees, and legal costs; and
- Reputational harm arising from public infringement disputes.
For businesses that rely heavily on digital marketing, these consequences can disrupt campaigns and generate significant unforeseen costs.
Risk Mitigation Strategies
Businesses can substantially reduce exposure by adopting a proactive compliance framework, such as:
- Obtain Appropriate Licences (verify whether commercial use permissions have been secured before using copyrighted music in advertisements);
- Use Commercially Licensed Music Libraries (consider royalty free or commercially licensed music specifically intended for advertising purposes);
- Review Influencer and Agency Agreements (clearly allocate responsibility for music licensing in creator and marketing contracts);
- Conduct Periodic Content Audits (review existing social media content to identify and address potential copyright concerns); and
- Seek Legal Advice (where licensing terms or ownership rights are unclear, obtaining legal guidance can prevent costly disputes).
Businesses intending to commercially exploit music available on Instagram should carefully review Instagram’s Terms of Use, Business Terms, and applicable music licensing policies before incorporating music into advertisements, branded content, or promotional campaigns. In practice, many businesses, their marketing teams and influencers tend to overlook these terms, assuming that music available through Instagram’s library is automatically cleared for commercial use. Such assumptions can be risky. Platform terms often contain important limitations regarding commercial exploitation, intellectual property rights, and the scope of licences granted to users.
Conclusion
As social media marketing continues to evolve, music licensing can no longer be treated as an afterthought. The growing number of disputes involving brands, content creators, and platform operators demonstrates that intellectual property compliance is now an essential component of digital advertising strategy. A viral reel may last only a few seconds, but the legal consequences of unauthorized music use can be far more enduring. Businesses that prioritize copyright compliance will be better positioned to protect their campaigns, preserve their reputation, and avoid unnecessary legal exposure.