SONY MUSIC DRAGS MYNTRA TO BOMBAY HC OVER UNAUTHORIZED USE OF MUSIC IN ITS PROMOTIONAL MATERIALS

In a significant development in the domain of digital IP enforcement, Sony Music Entertainment India Private Limited has dragged Myntra Designs Private Limited to the Bombay High Court over the alleged unauthorized use of its copyrighted sound recordings in promotional materials.

The dispute seems to be on Myntra’s use of Sony Music’s catalog in social media marketing campaigns without securing the appropriate licenses.

These promotional posts of several brands are often tied to influencer marketing and featured music embedded via Instagram’s licensed library.

Instagram’s Music Policy: What Brands Can- and Can’t-Do

Instagram’s licensing agreements with music rights holders, including global labels, typically cover personal, non-commercial use by users. However, these licenses explicitly do not extend to branded or sponsored content.

According to Meta’s official guidelines for music use:

“You may not use music from our products in content that you create for commercial or non-personal purposes unless you have obtained appropriate licenses.”

“Use of music for commercial or non-personal purposes in particular, is prohibited unless you have obtained appropriate licenses.”

These terms apply even if the music is sourced from Instagram’s built-in music tools. For branded content (such as influencer collaborations or promotional Reels), businesses are expected to secure direct licensing from the music rights holder.

Source: Meta Music Guidelines

Court Proceedings and Observations

At the interim hearing held on April 9, 2025, before Justice Manish Pitale of the Bombay High Court, Sony Music sought ad-interim reliefs against Myntra.

While Myntra’s counsel, appearing on instructions, did not contest the interim reliefs at that stage, they offered an undertaking:

• To take down the specific sound recordings listed in Paragraph 9(b) of the plaint within 24 hours.
• To refrain from using any of Sony Music’s sound recordings listed in Exhibit B of the plaint until the disposal of the interim application.

The Court recorded this as an undertaking and directed Myntra to file its affidavit-in-reply within six weeks, with Sony Music’s rejoinder due two weeks thereafter. The matter is next listed for hearing on June 30, 2025. Read order here.

This order once again highlights the growing friction between tech-enabled brand marketing practices and traditional copyright licensing models-particularly as influencer content straddles personal and commercial boundaries.

As brands increasingly rely on social media platforms like Instagram to amplify their campaigns, this case serves as a timely reminder: “Just because it’s on the platform doesn’t mean you have the license to use it for business.”