Kapil Sharma, Netflix in legal trouble over copyright infringement of songs on The Great Indian Kapil Show

Kapil Sharma’s The Great Indian Kapil Show (TGIKS) has landed in legal trouble, days after its premiere. Phonographic Performance Ltd (PPL) India, the country’s oldest copyright licensing body, has moved to the Bombay High Court, alleging copyright infringement by the comedy reality show, its producers, and Netflix India.

According to a report by Mid-Day, the commercial intellectual property suit was filed on December 12. It concerns three episodes of TGIKS aired between June 21 and September 20. One episode, featuring Sidharth Malhotra and Janhvi Kapoor, reportedly used the song M Bole To from the 2003 movie Munna Bhai MBBS. Two other songs allegedly used without permission are Rama Re from Kaante (2002) and Subha Hone Na De

from Desi Boyz (2011).

In the suit, PPL India has stated that these uses amount to “public performance/communication to the public" under the Copyright Act, 1957 which requires a licence from the rights holder. The organisation has accused K9 Films Pvt Ltd and BeingU Studios Pvt Ltd, the production houses behind TGIKS, of copyright infringement, claiming that no licence was sought or granted.

The legal action comes after PPL India reportedly issued a cease-and-desist notice to the show’s producers on November 6. The complainant stated, “However, only a holding reply has been received, and the defendants have not stopped playing the plaintiff’s sound recordings.”

PPL India has now appealed to the Bombay High Court to restrain the show from using its copyrighted sound recordings without a licence. The organisation has also requested disclosure of revenues earned through the alleged unauthorised use. It also asked for the appointment of a court receiver to seize the infringing material.

The High Court will now examine whether the show’s use of these tracks without prior permission violates copyright law and determine the legal consequences for the producers and the platform.

As of now, neither Kapil Sharma nor the makers of The Great Indian Kapil Show have commented on the allegations. Meanwhile, the fourth season of the show premiered last week with Priyanka Chopra as the first guest.