Arden v. Columbia Pictures Industries, Inc., 95 Civ. 252 (DC).

• Decision Date: 07 December 1995
• Docket Number: No. 95 Civ. 252 (DC).,95 Civ. 252 (DC).
• Citation: 908 F. Supp. 1248
• Parties: Leon ARDEN, Plaintiff, v. COLUMBIA PICTURES INDUSTRIES, INC., Danny Rubin, Harold Ramis, and Trevor Albert, Defendants.
• Court: U.S. District Court — Southern District of New York

908 F. Supp. 1248

Leon ARDEN, Plaintiff, v. COLUMBIA PICTURES INDUSTRIES, INC., Danny Rubin, Harold Ramis, and Trevor Albert, Defendants.

No. 95 Civ. 252 (DC).

United States District Court, S.D. New York.

December 7, 1995.

Bordelon & Hoag by Bruce V. Bordelon, Susan V. Hoag, New York City, for plaintiff.

Pryor, Cashman, Sherman & Flynn by Stephen F. Huff, Tom J. Ferber, Jeff Sanders, New York City, for defendants.

OPINION

CHIN, District Judge.

In 1981, plaintiff Leon Arden published a novel, One Fine Day (or the "Novel"), which told the story of a man trapped in a repeating day, forced to live the same day over and over. Some twelve years later, defendants Columbia Pictures Industries, Inc., Danny Rubin, Harold Ramis, and Trevor Albert released their film "Groundhog Day" (or the "Film"), which also featured a man caught in a repeating day.

Plaintiff brought this action alleging that in making the Film defendants copied certain elements of the Novel, including the plot, mood, characters, pace, setting, and sequence of events. Plaintiff seeks relief under the Copyright Act, the Lanham Act and principles of common law. Defendants have moved for summary judgment on the grounds that no substantial similarity exists with respect to protectible elements of the works.

Defendants' motion is granted, for no reasonable jury could find that the two works are substantially similar within the meaning of the copyright laws. Indeed, the copyright laws do not protect ideas, but only particular expressions of ideas. Although the Novel and the Film are based on the same idea, a man trapped in a day that repeats itself over and over, the two works express that idea in very different ways. The Novel is dark and introspective, featuring witchcraft and an encounter with God. It is marked, for example, by an explosion on an airplane that kills 192 people, the rape of one young woman, and the suicide of another. These tragic events recur as the day repeats itself over and over again. In contrast, the Film is essentially a romantic comedy about an arrogant, self-centered man who evolves into a sensitive, caring person who, for example, in his repeating day, saves a boy falling out of a tree, changes a flat tire for several elderly women, and learns to play the piano. Any similarities between the Novel and the Film relate only to unprotectible ideas, concepts, or abstractions. Accordingly, the complaint is dismissed.

BACKGROUND

A. One Fine Day

The Novel tells the story of Robinson Blake ("Rob"), a bachelor in his mid-thirties who experiences the unusual phenomenon of a repeating day. As this day recurs, Rob pursues various goals, including discovery of the reason for the phenomenon, a love affair with his boss's wife, Philippa, and the rescue of his former love interest, Milly, from her attempted suicide. After many recurrences of the repeating day, as well as encounters with witchcraft and with God, Rob ultimately attains these goals.

The Novel begins with Rob ruminating about life's endless beginnings, including the daily routine of waking and getting ready for work. In an effort to break this monotony, Rob has wired a tape recorder to an automatic timer, which awakens him this morning to the sound of his own voice shouting "Wake up you lazy bastard." He looks at a print on the wall, noticing the sunlight touching the lower right-hand corner of the picture frame. Rob finds his slippers and prepares his breakfast, listening to the radio as he gets ready for work. As Rob leaves his apartment, he hears the phone ringing, and thinks that it is a call from Milly, his secretary with whom he has been engaged in a love affair. Without answering the phone, Rob locks the apartment and upon entering the hallway sees an attractive red-headed tenant as she steps into the elevator.

On the way to the subway Rob notices that two cars have collided in front of his building, sees a man lose his hat in the wind, and buys a newspaper from a street vendor. Rob rides on the subway and then walks to his office, passing a derelict who falls to the ground and is aided by another passersby. Once inside the office building, Rob encounters Vince, the elevator man, who makes a vain attempt at humor. Arriving at work early, Rob sits in his office and contemplates his planned breakup with Milly, which he has postponed numerous times. He reflects upon the start of his relationship with the somewhat plain and sorrowful Milly, remembering how she gave him a ride to a business project in Vermont, as she was driving there to visit her mother. When Rob was no longer needed for the project, Milly offered to let him stay at her mother's home. Murray Scanlan, Rob's boss, interrupts this day-dream, and asks Rob to write down a recipe for Philippa, Scanlan's wife, who is expected to stop by the office that day.

Shortly thereafter Milly arrives at the office and the workday begins. After working for a few hours, Milly guesses what is on Rob's mind and asks him if he wants to end their relationship. His delay in answering indicates that he does. Milly valiantly pulls herself together and they continue working until Scanlan summons Rob to deliver the recipe to Philippa, who is waiting in her husband's office.

Upon arriving in Scanlan's office, Rob lusts after Philippa, reminiscing about a work-related weekend trip during which he and Philippa enjoyed a late-night swim. After Scanlan leaves his office to speak to another employee, Philippa tells Rob about a dream she had had that night, when Scanlan interrupts to berate Rob for editing a paragraph of a pamphlet that Scanlan had written. Rob returns to his office and is comforted by Philippa, who encourages him to stand up to her husband, starting with leaving work to spend the rest of the day with her. Unable to challenge his boss, Rob regretfully declines her invitation, works for the afternoon, and eventually returns home to his apartment.

Back at his apartment, Rob spends the evening listening to music, thinking about Philippa, and reading. The telephone rings, but Rob does not answer it because he believes Milly is calling. After eight more unanswered calls the ringing finally stops. Rob watches the news on television, the top stories including the explosion of a Pan Am airplane and the rape of a woman in the laundry room of a nearby apartment building. Rob then goes to bed, first changing the message on his tape recorder to a gentler greeting, leaving the time set for seven-thirty.

The following morning at seven-thirty Rob again hears the sound of his first, offensive message. Believing he set the tape in the wrong place, Rob prepares for work as usual. He leaves the apartment and as he locks the door hears the phone ring. Again Rob sees the red-headed woman, whom he now refers to as "Her Majesty," in the hallway, and rides downstairs in the elevator with her, attempting unsuccessfully to start a conversation.

As Rob leaves the apartment building, two cars crash in the street. Rob remembers that a similar accident took place the day before, but does not think much of it and continues on his way to work. After his daily subway ride to work, Rob again sees that the derelict has fallen. Realizing that something is wrong, Rob checks the date on his newspaper — it reads April 15, yesterday's date. Thinking that he has been sold an old newspaper, Rob checks a pile of newspapers at another newsstand, but each reads "Monday, April 15." After experiencing a moment of shock, Rob enters his office building, believing that he must be working too much. The elevator man repeats yesterday's jokes, and again Scanlan enters Rob's office, asking for the recipe for Philippa. Concluding that he must be ill, Rob phones his doctor's office, but no one has arrived there yet.

Milly arrives at work and after a while realizes that Rob wants to end their relationship. Again Scanlan calls Rob to his office, where Philippa is waiting for the recipe. Scanlan leaves his office, and Rob and Philippa talk. Rob says he has been experiencing deja vu, and tells Philippa, who has no memory of the previous day's events, that in a moment Scanlan will burst into the office and yell at Rob. As predicted, Scanlan enters the room, screaming at Rob. This time Rob grabs the pamphlet, tears it up, and shouts at Scanlan, "SHUT UP!" Rob decides to leave for the day, and Philippa follows him. He tells Philippa that he is experiencing a repeating day. Again Rob calls his doctor, but the doctor is unable to see Rob for three days. Rob then calls a psychiatrist, who is out to lunch.

Returning to his apartment, Rob again receives nine phone calls in succession. Rob drinks and listens to music to distract himself, and later watches the same stories on the nightly news. Rob decides to go to bed; this time he removes the old cassette from the tape recorder and records another new wake-up message.

The following morning Rob awakens to the original message and upon discovering that it is again Monday, April 15, comes to believe that he is dead and is experiencing hell. Milly calls again, Rob hears the accident through the window, sees the man lose his hat in the wind, watches Her Majesty walking toward the subway station, etc.

Rob realizes that he can do whatever he wishes without consequence, because at midnight all will be erased. Recognizing his freedom to act with abandon and the potential enjoyment this lack of consequences presents, Rob concludes that he cannot be in hell. Rather, Rob reasons that he must be in purgatory, from which he can earn his release by performing good works. Thus, Rob donates three-quarters of his life's savings to the United Cancer Fund, prevents the rape of the woman in the laundry room, and calls the airport anonymously to report a bomb on the Pan Am flight.

Rob tries to escape the trap by flying to Los Angeles. When the clock strikes midnight (New York time), however, Rob is back in his bed again, listening to the sound...