Hera Pheri Producer Sues Netflix for Baburao Parody in Kapil Show

Bollywood producer Firoz A. Nadiadwala has issued a legal notice to Netflix, demanding ₹25 crore in damages for parodying Baburao Ganpatrao Apte from the Hera Pheri franchise in The Great Indian Kapil Show.

Nadiadwala alleges Netflix used the character without authorization, violating the Indian Copyright Act and the Trademarks Act. His team claims Baburao is a registered trademark owned by the family.

The complaint cites Section 14 of the Copyright Act, which protects exclusive rights to publicly communicate a work and use it in films. The notice directs Netflix to remove the Baburao segment, issue a written undertaking not to use the character again, and provide a formal apology within 24 hours.

Nadiadwala stated, “Baburao is not just a character, but the soul of Hera Pheri,” stressing that its legacy cannot be commercially exploited. He credited actor Paresh Rawal for nurturing the role.

IP lawyer Bharadwaj Jaishankar noted that parody and satire may fall under the “fair dealing” exception in Section 52 of the Copyright Act. However, fictional characters can be trademarked if used for commercial purposes. Since Netflix monetizes its shows behind a paywall, monetary intent could be argued.

According to experts, the case hinges on whether the parody created confusion or diluted Baburao’s identity, since monetization raises potential trademark concerns even if parody may qualify as fair use.

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