Even as the fourth season of The Great Indian Kapil Show began streaming over the weekend, its third edition has landed comedian Kapil Sharma and the makers in trouble. Phonographic Performance Ltd (PPL) India, the country’s oldest copyright licensing organisation, has moved the Bombay High Court against Sharma, the producers of the comedy reality show, and Netflix India, alleging copyright infringement through the unauthorised use of songs on the popular comedy series.
According to the commercial intellectual property suit filed on December 12, a copy of which is in mid-day’s possession, three episodes aired between June 21 and September 20 are in contention. One featured actors Sidharth Malhotra and Janhvi Kapoor, in which the song M Bole To from Munna Bhai MBBS (2003) was used, while another with Sanjay Dutt and Suniel Shetty played the track, Rama Re, from Kaante (2002). The final episode, featuring Akshay Kumar, used the number Subha Hone Na De from the actor’s movie Desi Boyz (2011).
In the suit, PPL India has claimed these uses amount to “public performance/communication to the public” under the Copyright Act, 1957, requiring a licence from the rights holder. Stating that no such licence was sought or granted, it has accused K9 Films Pvt Ltd and BeingU Studios Pvt Ltd, the production houses behind the show, of copyright infringement. The suit also notes that the show is first recorded in front of a live audience, where the music is audibly performed, and only later streamed on Netflix, compounding the alleged infringement.
Before this, PPL India had issued a cease-and-desist notice to the producers on November 6. “However, only a holding reply has been received, and the defendants have not stopped playing the plaintiff’s sound recordings,” states the plaint.
The organisation has now appealed to the High Court to restrain the defendants from using its copyrighted sound recordings without a licence, to order disclosure of revenues earned through the alleged illegal use, and to appoint a court receiver to seize infringing material. The matter is expected to come up at the Bombay High Court’s commercial division.
mid-day reached out to Sharma and PPL India. Both didn’t respond till press time.
Songs used in the episodes
‘Rama Re’ from ‘Kaante’
‘Subha Hone Na De’ from ‘Desi Boyz’
‘M Bole To’ from ‘Munna Bhai MBBS’
