PPL Sues Kapil Sharma, Producers Over Alleged Unauthorised Music Use In Netflix's The Great Indian Kapil Show

Phonographic Performance Limited (PPL), a copyright society representing sound recording owners, has moved the Bombay High Court alleging unauthorised use of its music in Netflix's comedy show The Great Indian Kapil Show. It has sought urgent interim relief to stop further use of its copyrighted sound recordings.

The matter was listed on Wednesday before a single-judge Bench of Justice Sharmila U. Deshmukh on Wednesday who sought replies from the show's makers. The court is expected to consider interim reliefs in about two weeks.

The suit has been filed against K9 Films Pvt. Ltd. and BeingU Studios Pvt. Ltd., the production houses behind the show. Actor and comedian Kapil Sharma has also been named as a defendant. The directors of the two companies are also parties to the suit.

PPL has alleged copyright infringement. It claims that sound recordings in which copyright vests with the society are used without a licence.

According to PPL, its sound recordings are regularly played as background music during the recording and performance of the show. These performances are witnessed by a live studio audience. They are later communicated to the public through the Netflix platform.

PPL has claimed that no licence was obtained for the public performance or communication of its sound recordings. It has pointed out that three seasons of the show have already been shot and telecast. The shooting of Season 4 has also begun.

The copyright society has asserted that the alleged use does not fall under any exception provided in Section 52 of the Copyright Act, 1957.

“The illegal use of the Applicant's copyrighted works by the Respondent is and will negatively impact the Applicant's entire music business and reputation. The exclusivity of the rights of the Applicant in its copyrighted works is the cornerstone of the Applicant's business and any unauthorized use of the Applicant's copyrighted works will erode and permanently tarnish its goodwill and reputation which has been built over a long time and cause financial losse,” the plea states.

Claiming irreparable loss, PPL has sought ad-interim reliefs. These include an injunction restraining further public performance or communication of its sound recordings without a licence. It has also sought the appointment of a court receiver to seize devices containing the recordings. PPL has further asked for directions to disclose revenues earned from the alleged exploitation. It has also sought orders to maintain records of the sound recordings played during the show.