Kapil Sharma’s Comedy Show Lands In Controversy For Allegedly Using ‘Subha Hone Na De’ Without Permission
Kapil Sharma’s, The Great Indian Kapil Show, is now in the spotlight for reasons beyond its comedy. Phonographic Performance Ltd (PPL) India, the country’s oldest copyright licensing body, has approached the Bombay High Court against Sharma, the show’s producers, and Netflix India, alleging the use of popular Bollywood songs without proper permissions.
Songs Allegedly Used Without Licence
According to a report by Mid-Day, PPL India filed a commercial intellectual property suit on December 12, concerning three episodes of TGIKS aired between June 21 and September 20. One of these episodes, featuring Sidharth Malhotra and Janhvi Kapoor, used the song M Bole To from the 2003 movie Munna Bhai MBBS. Two other tracks cited in the suit are Rama Re from Kaante (2002) and Subha Hone Na De from Desi Boyz (2011), which were allegedly played without permission.
PPL India’s Claims
In the suit, PPL India claimed that such use amounts to “public performance/communication to the public” under the Copyright Act, 1957, which requires a licence from the rights holder. They added that no licence was sought or granted, accusing the production houses K9 Films Pvt Ltd and BeingU Studios Pvt Ltd of copyright infringement.
The organisation also pointed out that it had issued a cease-and-desist notice on November 6, but received only a “holding reply,” and “the defendants have not stopped playing the plaintiff’s sound recordings,” the suit stated.
Legal Relief Sought
PPL India has now requested the Bombay High Court to restrain the defendants from using its copyrighted sound recordings without a licence. Additionally, the organisation is seeking a disclosure of revenues earned through the alleged illegal use and the appointment of a court receiver to seize infringing material.
No Statement From Kapil Sharma or Producers
As of now, Kapil Sharma, the makers of The Great Indian Kapil Show, and Netflix India have not issued any public response to the allegations. With legal proceedings underway, the controversy has already sparked debates over copyright enforcement in the streaming era, highlighting the need for proper licensing in shows that heavily feature music.
Songs Allegedly Used Without Licence
According to a report by Mid-Day, PPL India filed a commercial intellectual property suit on December 12, concerning three episodes of TGIKS aired between June 21 and September 20. One of these episodes, featuring Sidharth Malhotra and Janhvi Kapoor, used the song M Bole To from the 2003 movie Munna Bhai MBBS. Two other tracks cited in the suit are Rama Re from Kaante (2002) and Subha Hone Na De from Desi Boyz (2011), which were allegedly played without permission.
PPL India’s Claims
In the suit, PPL India claimed that such use amounts to “public performance/communication to the public” under the Copyright Act, 1957, which requires a licence from the rights holder. They added that no licence was sought or granted, accusing the production houses K9 Films Pvt Ltd and BeingU Studios Pvt Ltd of copyright infringement.
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The organisation also pointed out that it had issued a cease-and-desist notice on November 6, but received only a “holding reply,” and “the defendants have not stopped playing the plaintiff’s sound recordings,” the suit stated.
Legal Relief Sought
PPL India has now requested the Bombay High Court to restrain the defendants from using its copyrighted sound recordings without a licence. Additionally, the organisation is seeking a disclosure of revenues earned through the alleged illegal use and the appointment of a court receiver to seize infringing material.
No Statement From Kapil Sharma or Producers
As of now, Kapil Sharma, the makers of The Great Indian Kapil Show, and Netflix India have not issued any public response to the allegations. With legal proceedings underway, the controversy has already sparked debates over copyright enforcement in the streaming era, highlighting the need for proper licensing in shows that heavily feature music.
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