Phonographic Performance Limited (PPL) India has approached the Bombay High Court in a copyright infringement case related to comedian Kapil Sharma’s Netflix show The Great Indian Kapil Show. The organization 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 High Court over use of 3 songs without license: Report
According to the commercial suit filed on December 12, PPL India says the episode included popular tracks without securing the necessary licenses from the rights holders, a report in Mid-Day said. ‘Featured’ in the cases under discussionIf M says From Munna Bhai MBBS (2003),’Ram Re’ From forks (2002), and’‘Don’t let the morning come’ From desi boys (2011).
PPL India says that use of these songs amounts to “public performance/communication to the public” under the Indian Copyright Act, which requires a license. The complaint alleges that neither the producers nor Netflix sought permission before using the music.
The organization also highlighted that the shows are first recorded in front of a live audience, where the songs are played audibly, and later streamed on Netflix. It added that this increases the extent of the alleged violation. Before filing the suit, PPL India had issued a cease-and-desist notice in early November, but claimed that the response from the show’s producers 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 license, disclose any earnings from the allegedly unauthorized use and consider appointing a court receiver to seize the infringing materials. The case is expected to come up in the commercial division of the Bombay High Court soon.
Kapil Sharma, Netflix and representatives of the production companies had no comment at the time of reporting.
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