Source Bar and bench
MUMBAI — Popular comedian Kapil Sharma, his production house K-9 Films, and streaming giant Netflix are facing a legal battle in the Bombay High Court. Phonographic Performance Ltd (PPL) India, the country’s oldest copyright licensing body, has filed a commercial intellectual property suit alleging the unauthorized use of popular Bollywood tracks in the show’s third season.
The court, presided over by Justice Sharmila Deshmukh, has granted the defendants two weeks to file their response to the plea.
The Allegations: Songs at the Center of the Row
PPL India claims that several episodes of The Great Indian Kapil Show used copyrighted sound recordings without obtaining the mandatory licenses. The organization identified three specific instances in Season 3 (which aired between June and September 2025) where songs were played during live recordings and later broadcast on Netflix:
Song Title Film Featured Guest(s)
“M Bole To” Munna Bhai MBBS (2003) Sidharth Malhotra & Janhvi Kapoor
“Rama Re” Kaante (2002) Sanjay Dutt & Suniel Shetty
“Subah Hone Na De” Desi Boyz (2011) Akshay Kumar
“Public Performance” vs. “Fair Use”
According to PPL India, the usage of these tracks constitutes a “public performance” and “communication to the public” under the Indian Copyright Act, 1957. The petition highlights a two-fold infringement:
Live Recording: The music was played audibly in front of a live studio audience.
Streaming: The recordings remain audible in the episodes currently streaming on Netflix.
The licensing body stated it issued a cease-and-desist notice on November 6, but received only a “holding reply” from the producers, leading them to seek judicial intervention.
Relief Sought from the Court
PPL India is seeking several stringent remedies, including:
An injunction to prevent the producers from using any copyrighted sound recordings without a valid license.
Disclosure of revenue generated from the episodes featuring the disputed songs.
The appointment of a Court Receiver to seize devices (laptops, hard disks, etc.) containing the infringing material with police assistance.
Adding to Recent Legal Woes
This is not the first time the show has landed in hot water. Earlier this year, veteran producer Firoz Nadiadwala issued a ₹25 crore legal notice to the show for the “unauthorized” use of the iconic character Baburao Ganpatrao Apte (originally played by Paresh Rawal in Hera Pheri) in a comedic skit.
As of now, representatives for Kapil Sharma and Netflix India have not issued an official public statement regarding the PPL lawsuit.
