Introduction
One of the biggest Comedian of India Kapil Sharma runs show named The Great Indian Kapil Show has hit a serious bump when a star studded finale Bollywood’s Akshay Kumar it was caught in the mindset of a major legal storm as Hera Pheri movie Producer Firoz Nadiadwala has filed a Rs.25 Crore legal notice against the show’s maker over a skit that featured Kiku Sharda portraying the Legendary character of Baburao Ganpatrao Apte. The debate sparked across the entertainment industry highlighting the thin line between comedy and copyright.
Background
The Great Indian Kapil Show by Comedian Kapil Sharma has been dominating the Indian television and streaming platform with his jokes, celebrity banter and the comedy sketches. In the latest episode with Akshay Kumar, Kiku Sharda stepped on the stage as the character of Baburao Ganpatrao Apte which is famous from the movie Hera Pheri done by Paresh Rawal. The sketch was intended as harmless fun but caught the attention of producer of Movie Hera Pheri, Firoz Nadiadwala who owns the rights to the Hera Pheri series. The character of Baburao Ganpatrao Apte is more than just a character to him but the identity of the franchise. By using the role without any authorization, Nadiadwala claims the show crossed the legal boundaries.
Legal Issues
The producer of Hera Pheri, Firoz Nadiadwala has sent legal notice of 25 Crore to the OTT platform streaming the show and its producer the alleged violation in the notice which is sent are follows: –
1. Copyright Infringement- Unauthorized use of Baburao’s Character.
2. Trademark Infringement- Potential misuse of the Hera Pheri Brand name.
3. Violation of Exclusive Rights- Breach Intellectual Property rights.
The notice demands for the public apology from Kapil Sharma and the producer of the show, removal of the controversial episode, and the 25-crore compensation within two days. This demand grabs the attention of all the people around the nation as the amount of the compensation is 25 crores.
The Notice is grounded in strong legal provisions under section 51 of the Copyright Act,1957 which states that the unauthorized performance can be treated as infringement and section 29 of the Trademark Act protects character and names closely related to brand. The case will be decided by the court if the court accepts the act as the parody, then the show will escape the liability. Otherwise, the damages could be substantial.
Conclusion
The legal notice served by the Firoz Nadiadwala against the Great Indian Kapil Show shows the undergoing tussle between Creative freedom and intellectual property rights. While the show makes people laugh by their parody sketches, the producers are equally protective of their creations. The case will set an important precedent for Indian entertainment redefining how far comedians can go when borrowing from popular cinema.
About the Author
Tushar Kumar is a final-year BBA-LLB student at Guru Gobind Singh Indraprastha University. With a strong interest in Intellectual Property Rights, he enjoys exploring how law interacts with innovation and creativity. He’s equally passionate about legal writing, Research and believes in making complex legal ideas easier to understand through clear articles. Tushar continues to deepen his understanding of the law while contributing thoughtful pieces on contemporary legal issues.