Can La La Land claim copyright infringment over Megam Karukadha?

LaLa Land is an American movie that was released in the year 2016. Thiruchetrambalam is a Dhanush- Nithya Menon starrer film that was released in the year 2022. Have a look below at both the posters and let's kindle our IP brains and discuss whether the poster of Thiruchetramabalam is an infringement of Lala Land poster?





Not going to deny the fact that this poster resembles La La Land way too much!! The following are the observations that can be made on mere glance:

1. The frame of the photograph seems to be similar. 3/4th of the photo consists of the sky filled with stars in a similar color scheme and the rest 1/4th of the photo has a combination of the horizon with twinkling lights embedded in it and land/ space where the actors are standing.

2. The male lead are wearing similar clothing, whereas the female leads are wearing a bold colour dress.

3. Both the pairs in each poster seem to be dancing and the photograph consist of a pose from the dance.

 

There certainly exists similarities and it can be ascertained that Megam Karukadhaa poster from Thiruchetrambalam has been inspired and copied from La La Land poster.

However, in order to save Megam Karukadha poster from copyright infringement, it can be argued on the basis that 'Megam Karukadha' poster is transformative and is a stand alone work in order to establish fair use.


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