IP Law Daily, COPYRIGHT NEWS: Lawsuit alleges Squid Game is a ‘blatant rip-off’ of Indian film Luck, (Sep 17, 2024)

By Patricia K. Ruiz, J.D.

The plaintiff listed in his complaint a number of plot elements, characters, and themes that overlap between the two works.

Indian screenwriter Soham Shah has filed a lawsuit in the Southern District of New York against Netflix, Inc., and Netflix Worldwide Entertainment, LLC, (Netflix, collectively) and Korean screenwriter Hwang Dong-hyuk alleging Dong-Hyuk’s 2021 film Squid Game is a “blatant rip-off” of his 2009 film, Luck. Shah brings claims for copyright infringement of the Luck screenplay and the Luck film The lawsuit seeks actual damages and injunctive relief (Shah v. Netflix, Inc., No. 1:24-cv-06925-RA (S.D.N.Y. filed Sept. 13, 2024)).

Luck screenplay and film. Shah is the creator and exclusive owner in the copyright in both the story and the screenplay for Luck, as well as copyright interests in the film itself in accordance with the Indian Copyright Act of 1957, the complaint alleges. Copyright protection for both works exists under U.S. Copyright Act and the Berne Convention, according to the complaint. Shortly before filing the complaint, Shah filed an application for registration of the Luck Screenplay with the U.S. Copyright Office. In 2008, Shah entered into an agreement with the movie producer Shree Ashtavinayak Cine Vision Ltd. (“Shree”) pursuant to which Shah agreed to provide director services for the Luck Film. Shree owns an Indian copyright registration for the Luck Film. In December 2023, an application for copyright registration in the Luck Film was filed by Shemaroo Entertainment Limited with the Indian Copyright office. Shah does not “why Shemaroo purports to own the copyright in the Luck Film, whether any assignments have taken place and/or been properly documented, or whether they are valid,” the complaint states. However, Shah maintains he has an ownership interest in the Luck Film that, among other things, entitles him to a portion of proceeds from “utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall.”

The Luck Film was released worldwide on July 24, 2009, showing in theaters in India, the United Kingdom, the United States, and in other countries. Luck portrays a group of desperate, indebted people enticed to take part in a series of competitive games to win large sums of money. The participants do not learn until they begin participating that losing any of the challenges means death and that the death of any participant increases the pot of money available to the remaining participants. Wealthy onlookers gamble on the players, who struggle to stay alive.

Alleged infringement. In 2021, Netflix released the initial season of Squid Game, which centers around the struggles of several characters participating in life-or-death challenges in the attempt win a pot of money that increases as the participants lose. Shah alleges Netflix’s production and distribution of Squid Game infringes on Shah’s copyrights in Luck, contending that the main plot, characters, themes, mood, setting, and sequence of events of Squid Game are strikingly similar to that of Luck. He further alleges Squid Game copied dozens of protected elements from Luck. Shah alleges that, following the success of the first season of Squid Game, Netflix introduced or announced various infringing derivative works, including a reality television series, live experiences, and the second and third season of Squid Game.

Remedies sought. Shah seeks actual damages for copyright infringement of both the Luck film and screenplay. He also asked the court for an injunction preventing the marketing and streaming of the infringing works, profiting from the sale of merchandise infringing on his copyrights, and developing other shows and works that may infringe on his copyrights in the future.

The Case is No. 1:24-cv-06925-RA.

Judge: Abrams, R.

Attorneys: Craig S. Tarasoff (Kirsch & Niehaus PLLC) for Soham Shah.

Companies: Netflix, Inc.; Netflix Worldwide Entertainment, LLC

News: Copyright TechnologyInternet NewYorkNews