The Great Indian Kapil Show, Netflix in trouble over unauthorised use of songs; PPL India moves Bombay HC

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Maintaining that these uses amount to “public performance/communication to the public” under the Copyright Act of 1957, for which a license from the rights holder is mandatory, PPL asserted that K9 Films Pvt Ltd and BeingU Studios Pvt Ltd, the show’s producers, never acquired any such permissions. The plaintiff also maintained that the songs are played audibly during filming of the show in front of a live audience as well. Mentioning that it issued a cease-and-desist notice to the show’s producers on November 6, PPL India stated that it, however, received just a “holding reply.” The Great Indian Kapil Show was officially launched on March 30, 2024, and has so far aired 41 episodes.

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PPL India has requested the Bombay High Court to prevent the show’s producers from using its copyrighted sound recordings without a license, order the disclosure of any revenue generated from their alleged unauthorised use, and to have a court-appointed receiver seize the infringing material. According to its official LinkedIn page, PPL India was established in 1941 and is affiliated with the International Federation of Phonographic Industries (IFPI). “[It] exclusively controls public performance and radio broadcasting rights for 400+ music labels across Bollywood, Regional and International songs by virtue of assignment and /or license and/or transfer of these rights in accordance with Section 18 and Section 30 of the Copyright Act, 1957.”