PPL India Sues Netflix And Kapil Sharma Over Unauthorised Use Of Three Bollywood Songs
A copyright dispute over unlicensed Bollywood tracks puts Netflix’s hit comedy show under legal scrutiny
A copyright dispute over unlicensed Bollywood tracks puts Netflix’s hit comedy show under legal scrutiny
India’s most recognisable comedy franchise has found itself facing a legal challenge,not over its jokes, but over the music played between them.
Phonographic Performance Ltd (PPL) India has approached the Bombay High Court alleging copyright infringement by The Great Indian Kapil Show, currently streaming its third season on Netflix.
The dispute revolves around the alleged unauthorised use of three Bollywood tracks during episodes aired between June and September this year. According to PPL, the show used M Bole To from Munna Bhai MBBS, Rama Re from Kaante, and Subha Hone Na De from Desi Boyz without obtaining the necessary licences from the sound recording rights holders.
In its suit, filed on December 12 and cited by Mid-Day, PPL argues that the usage amounts to “public performance” and “communication to the public” under the Copyright Act. The organisation contends that the music is first played audibly during live recordings in front of a studio audience and is then made available to a much larger audience through online streaming, bringing it squarely within the scope of the law.
PPL also told the court that it issued a cease-and-desist notice to the producers in early November. However, it claims the response was limited to a holding reply, with the sound recordings continuing to be used thereafter.
As part of its plea, PPL has sought an injunction to restrain further use of the songs, demanded disclosures of revenues earned from the alleged infringement, and requested the court to consider appointing a receiver to seize infringing material.
At the time of reporting, Netflix, Kapil Sharma, and the show’s producers had not issued any public comment. The matter is expected to be taken up shortly by the commercial division of the Bombay High Court.