Williams v. Crichton

84 F.3d 581, 1996 WL 279898
Court of Appeals for the Second Circuit·Decided May 22, 1996·No. No. 1233, Docket 94-7951·Published·Cited by 111 cases

Opinion

OAKES, Senior Circuit Judge:

Geoffrey T. Williams (“Williams”) appeals a summary judgment of the United States District Court for the Southern District of New York, Lawrence M. McKenna, Judge, entered August 25, 1994, in favor of Appel-lees Michael Crichton, Alfred A. Knopf, Inc., Random House, Inc., Universal City Studios, Inc., MCA, Inc., Amblin Entertainment, Inc., Steven Spieiberg, and David Koepp, on Williams’s claim of copyright infringement. 860 F.Supp. 158 (S.D.N.Y.1994). Williams asserts that the district court erred in concluding that Williams’s works and the Appel-lees’ works were not substantially similar. For the reasons set forth below, we affirm the judgment of the district court.

BACKGROUND

This is an action for copyright infringement -under the Copyright Act of 1976, as amended, 17 U.S.C. §§ 101 et seq. (1994), and for an accounting of profits. Williams claims that the Appellees’ novel and movie Jurassic Park (together, the “Jurassic Park works”) infringe upon children’s stories that he authored and copyrighted. In reviewing the facts underlying this summary judgment motion, we construe the evidence in the light most favorable to Williams, the non-moving party. Delaware & Hudson Ry. Co. v. Consolidated Rail Corp., 902 F.2d 174, 177 (2d Cir.1990), cert. denied, 500 U.S. 928, 111 S.Ct. 2041, 114 L.Ed.2d 125 (1991).

Between 1985 and 1988, Williams created and published four original copyrighted works of fiction for children: (1) Dinosaur World, published in 1985 (“Book I”); (2) Lost in Dinosaur World, published in 1987 (“Book II”); (3) Explorers in Dinosaur World, published in 1988 (“Book III”); and (4) Saber Tooth: A Dinosaur World Adventure, published in 1988 (“Book IV”) (together, “Dinosaur World books”). Williams or his agent applied for and was issued a Certificate of Registration by the Register of Copyrights for Book I in December 1988 (registration number TX-1-966-153); Book II in August 1993 (TX-3-598-943); Book III in March 1988 (TX-2-294-611); and Book IV in November 1988 (TX-2-541-662).

[583] Each of the four books is an adventure story for children that takes place in “Dinosaur World,” described in Williams’s brief as “an imaginary present day man-made animal park for dinosaurs and other pre-historic animals where ordinary people... can, in presumed safety, visit, tour and observe the creatures in a natural but hi-tech controlled habitat.” Books I and IV are simple stories of children visiting and touring Dinosaur World. Williams concedes that these two books, read alone or together, are not infringed upon by the Jurassic Park works, though there are a few similarities.1 We will focus, then, on the similarities between Books II and III and the Jurassic Park works. As a determination of substantial similarity requires a “detailed examination of the works themselves,” Walker v. Time Life Films, Inc., 784 F.2d 44, 49 (2d Cir.), cert. denied, 476 U.S. 1159, 106 S.Ct. 2278, 90 L.Ed.2d 721 (1986), we will summarize each work at issue.

Lost in Dinosaur World

Lost in Dinosaur World is thirty pages long. The story opens with the MeDunn family preparing for a trip to Dinosaur World. Young Tim is “dressed for adventure,” though his mother reminds him, “[w]e’re just going to Dinosaur World, Tim. Not to the jungle or someplace dangerous.” Tim, his sister Mary, and Mr. and Mrs. MeDunn pile into the car and set off for Dinosaur World.

From this opening scene, a mood of adventure and perhaps even danger is created. Tim brings a survival kit along with him, and Mr. MeDunn comments upon Tim’s desire to see the “scariest animal in the park,” the allosaur. The setting of Dinosaur World enhances the mood. It is described as a place with

tall pines rising overhead, along with exotic ferns, ginkgo and monkey puzzle trees; giant pterosaurs and pteranodons circling in the blue sky, their eerie, high-pitched squeals carrying across the distance; roars, grunts and growls coming from deep in the forest, made by who-knows-what-kind of wild creatures; rumblings and puffs of grey smoke and steam curling from the top of a small volcano.

After the family arrives at Dinosaur World, they buy tickets and receive a map and a radio guide that can answer questions about the animals in the park. They discuss whether to visit the Nursery or proceed directly to the T-Rex Express, a train shaped like a tyrannosaurus rex that tours Dinosaur World. Tim is eager to board the T-Rex Express, but the other McDunns want to go to the Nursery. As Tim’s father says, “Tim, it won’t take but a few minutes, and I’m sime there’ll be plenty of exciting things for you to do today.” The narration continues: “Little did Mr. MeDunn know how true that was.”

While discussing the day’s plans, the family is surprised to see a brachiosaur, “the biggest land animal that ever lived,” eating leaves from the tops of the trees. The family then enters the Nursery, a “warm and humid” glass-roofed building, and views proto-ceratops hatchlings and éggs.

Next, the McDunns proceed to the T-Rex Express. Tim purchases a “Supertour” ticket, allowing him to ride the train through each of the geologic periods in which dinosaurs lived: the Triassic, Jurassic, and Cretaceous eras. The rest of the family purchases tickets only for the Triassic era. “After that Tim would be on his own. He was very excited.”

During the trip through the Triassic period, the train passes by the shore of the Dinosaur Sea where it is approached by a shrieking, twenty-five foot nothosaur. Several train passengers scream as the nothos-aur comes “closer and closer, until Tim could hear him breathe and see water dripping from his needle-sharp teeth.” When the not-hosaur suddenly slips back into the sea, Tim is left “a little frightened and wondering how much excitement the rest of the trip would bring.”

At the end of the Triassic tour, Tim’s family disembarks, his father warning:

[584] This is your first trip here, so be very careful not to lose your guide. Whatever you need to know, just ask. And remember, no matter what happens, don’t get off the train.

Watching his family disappear from sight, Tim “couldn’t help feeling just a little lonesome as he continued his adventure.”

The tour continues into the Jurassic period. As Tim leans out the train window to get a better view of several diplodoeus wading in a swamp, he “did something that would change his whole day”: he knocked the radio guide out of the window. “It clattered down the embankment by the side of the tracks and came to rest almost under the tail of a huge stegosaur....” Tim climbs out of the train to retrieve the guide, taking the opportunity to touch the “thick and wrinkled” skin of the stegosaur, that rattled its tail “ominously” at the intrusion, but then continued eating a plant.

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Williams v. Crichton, 84 F.3d 581, 1996 WL 279898 (2d Cir. 1996).

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