PPL India Challenges Kapil Sharma and Netflix in Bombay HC Over Unauthorized Use of Songs
Phonographic Performance Ltd (PPL) India has filed a copyright infringement lawsuit against comedian Kapil Sharma and Netflix regarding the use of three songs in the third season of “The Great Indian Kapil Show.” The complaint, submitted to the Bombay High Court, alleges that the songs were used without the necessary licenses during the show’s airing from June to September this year. PPL India claims that this unauthorized use violates the Indian Copyright Act, which mandates licensing for public performances.
Legal Action Initiated by PPL India
According to reports, PPL India lodged its commercial suit on December 12, asserting that the episodes of the popular show featured well-known tracks without obtaining permission from the rights holders. The songs in question include “M Bole To” from the film “Munna Bhai MBBS” (2003), “Rama Re” from “Kaante” (2002), and “Subha Hone Na De” from “Desi Boyz” (2011). PPL India contends that the inclusion of these songs constitutes a public performance, which requires a license under the Indian Copyright Act.
The organization emphasizes that the show is recorded in front of a live audience, where the songs are played audibly, and subsequently streamed on Netflix. This format, according to PPL India, exacerbates the alleged infringement. Prior to the lawsuit, PPL India had issued a cease-and-desist notice in early November, but claims that the response from the show’s producers was inadequate, merely acknowledging the notice without halting the use of the music.
Demands from the High Court
In its legal filing, PPL India is seeking several remedies from the Bombay High Court. The organization has requested that the court prohibit the continued use of its copyrighted music without a license. Additionally, PPL India is asking for a disclosure of any earnings generated from the unauthorized use of the songs and has suggested appointing a court receiver to seize any infringing materials. The case is expected to be addressed in the commercial division of the Bombay High Court in the near future.
No Comments from Involved Parties
As of the latest updates, representatives for Kapil Sharma, Netflix, and the production companies involved have not provided any comments regarding the lawsuit. The outcome of this case could have significant implications for the use of music in Indian entertainment, particularly in shows that are streamed on digital platforms.
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