Kapil Sharma Netflix Show Faces Copyright Challenge in Bombay High Court

The Bombay High Court has taken up a copyright infringement dispute involving comedian Kapil Sharma and the producers of his popular Netflix series The Great Indian Kapil Show, following a legal complaint filed by Phonographic Performance Limited.

The case brings renewed attention to the long standing issue of music licensing in television and streaming productions, especially those involving live recordings and background sound use.

Phonographic Performance Limited, commonly known as PPL, is a registered copyright society representing the interests of sound recording owners in India.

In its petition before the High Court, PPL has alleged that music under its control has been repeatedly used as background sound during the live recording of The Great Indian Kapil Show without the necessary licence.

According to PPL, such usage amounts to a clear violation of copyright law and has the potential to harm both its business interests and reputation.

The suit has been filed against K9 Films Private Limited and BeingU Studios Private Limited, along with Kapil Sharma and individuals associated with the production, including Bhavneet Kaur, Akshit Lahoria and Gurjot Singh.

These parties have been identified as the production companies and directors behind the Netflix show, which has completed three seasons and is currently preparing for its fourth.

The matter came up before Justice Sharmila Deshmukh of the Bombay High Court, who granted the defendants two weeks to file their reply to the allegations.

The court has not passed any interim order at this stage, choosing instead to hear both sides before considering further action.

Appearing on behalf of PPL, Senior Advocate Sharan Jagtiani, along with Advocate Amogh Singh, argued that the continued unauthorised use of copyrighted sound recordings during the show’s production and live recordings constitutes infringement under the Copyright Act.

They submitted that such conduct, if allowed to continue, would undermine the rights of sound recording owners and weaken the overall framework of music licensing in the entertainment industry.

In its application, PPL stated that multiple episodes across three seasons of the show have already been recorded and streamed on Netflix.

It further expressed concern that shooting for the upcoming season is currently underway and that the same allegedly infringing practices may continue unless restrained by the court.

The copyright society has urged the court to intervene at this stage to prevent further unauthorised exploitation of its members’ works.

According to PPL, the sound recordings in question were used as background music during live recordings of the show, which are later broadcast to a wide audience through a global streaming platform.

PPL maintains that such use amounts to public performance and communication to the public, both of which require a valid licence from the copyright holder or its authorised society.

The plea emphasises that copyright protection is not limited to foreground music or featured performances but extends equally to background sound recordings that form part of a programme’s production.

PPL argued that the commercial success and wide reach of the show make compliance with licensing requirements even more critical, as unauthorised use on such a scale can set a damaging precedent for the industry.

As part of the relief sought, PPL has asked the court to grant an injunction restraining the producers from publicly performing or communicating to the public any sound recordings that are assigned or exclusively licensed to PPL.

This includes the use of such recordings during live recordings of the show as well as any subsequent broadcasts or streams.

In addition to injunctive relief, PPL has also requested the appointment of the Court Receiver of the Bombay High Court.

The application seeks authority for the receiver, with police assistance if required, to seize devices and storage media allegedly containing infringing sound recordings.

These include laptops, hard disks, pen drives and music systems that may have been used during the production of the show.

Legal representation for the defendants was provided by Advocates Anand Mohan, Monisha Mane and Chandrajit Das, briefed by Parinam Law, who appeared on behalf of K9 Films, Kapil Sharma and the other entities named in the suit.

The defence is expected to respond to the allegations within the time granted by the court and present its position on the licensing arrangements, if any, in place for the use of music on the show.

The case highlights the growing legal scrutiny faced by content creators and production houses in the era of digital streaming.

As platforms like Netflix reach audiences across borders, compliance with intellectual property laws has become increasingly complex and important.

Music licensing, in particular, remains a sensitive area, with copyright societies and rights holders closely monitoring the use of sound recordings across formats and mediums.

Industry observers note that disputes of this nature are not uncommon, especially in shows that rely heavily on background music to enhance audience engagement.

However, the outcome of this case could have wider implications for how live recorded entertainment programmes approach music usage and licensing in the future.

For now, the Bombay High Court’s decision to allow both sides time to present their arguments reflects a cautious and balanced approach.

The next hearing is expected to provide greater clarity on the factual and legal questions involved, including whether the use of music on the show falls within licensed arrangements or constitutes infringement as alleged.

As the matter progresses, it is likely to be closely followed by stakeholders across the entertainment and music industries.

The case serves as a reminder that even well established and popular productions must adhere strictly to copyright laws, reinforcing the principle that creative success must go hand in hand with legal compliance.