PPL India takes Kapil Sharma, Netflix to Bombay HC over use of 3 songs without licence: Report

Phonographic Performance Ltd (PPL) India has approached the Bombay High Court in a copyright infringement case involving comedian Kapil Sharma’s Netflix show The Great Indian Kapil Show. The organisation claims that three songs were used without permission in Season 3 of the series, which aired between June and September this year.

PPL India takes Kapil Sharma, Netflix to Bombay HC over use of 3 songs without licence: Report

A report by Mid-Day stated that according to the commercial suit filed on December 12, PPL India says the episodes included popular tracks without securing the necessary licences from the rights holders. The episodes in question featured ‘M Bole To’ from Munna Bhai MBBS (2003), ‘Rama Re’ from Kaante (2002), and ‘Subha Hone Na De’ from Desi Boyz (2011).

PPL India states the use of these songs amounts to “public performance/communication to the public” under the Indian Copyright Act, which requires a licence. Neither the producers nor Netflix obtained permission before using the music, the complaint alleges.

The organisation also highlighted that the show is first recorded before a live audience, where the songs are played audibly, and later streamed on Netflix. This, it says, adds to the extent of the alleged infringement. Prior to filing the suit, PPL India issued a cease-and-desist notice in early November, but claims the response from the show’s makers was only a holding reply and did not stop the use of its sound recordings.

PPL India has asked the High Court to stop the use of its copyrighted music without a licence, reveal any earnings from the allegedly unauthorised use, and consider appointing a court receiver to seize infringing materials. The matter is expected to come up in the commercial division of the Bombay High Court soon.

Representatives for Kapil Sharma, Netflix, and the production companies had not commented at the time of reporting.

Also Read: Kapil Sharma admits that he was sceptical of the plot of Kis Kisko Pyaar Karoon 2: “The idea of one man married to 3 women from different religious communities sounded too controversial”

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