Kapil Sharma's Comedy Show In Trouble, Accused Of Using 'Subha Hone Na De' Song Without Permission

Days after its premiere, Kapil Sharma’s The Great Indian Kapil Show has now landed in legal 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 show.

As reported by Mid-Day, a commercial intellectual property suit was filed on December 12 with regard to three episodes of TGIKS aired between June 21 and September 20. One of the episodes featured Sidharth Malhotra and Janhvi Kapoor and used the song ‘M Bole To’ from the 2003 movie Munna Bhai MBBS. Two other songs, which have allegedly been used without permission

are ‘Rama Re’ from Kaante (2002) and ‘Subha Hone Na De’ from 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.

Reportedly, PPL India had also 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 plaintiff.

Phonographic Performance Ltd (PPL) India has now appealed to the Bombay High Court to restrain the defendants from using its copyrighted sound recordings without a licence. It has also requested the makers to order disclosure of revenues earned through the alleged illegal use and to appoint a court receiver to seize infringing material.

Neither Kapil Sharma nor the makers of The Great Indian Kapil Show have issued any statement regarding the allegations as of now.