Comins v. Discovery Communications, Inc.
| Decision Date | 28 March 2002 |
| Docket Number | No. CIV.PJM 00-1411.,CIV.PJM 00-1411. |
| Citation | 200 F.Supp.2d 512 |
| Parties | Neil F. COMINS, Plaintiff v. DISCOVERY COMMUNICATIONS, INC. and York Films Ltd. Defendants |
| Court | U.S. District Court — District of Maryland |
Jerry L. Squires, Washington, DC, for plaintiff.
Lee J. Levine, Washington, DC, for defendants.
Plaintiff Neil F. Comins ("Comins") alleges that Defendants Discovery Communications, Inc. ("Discovery") and York Films Ltd. ("York") infringed his copyright in a book entitled What If The Moon Didn't Exist? ("the Book") through their production and telecast of a documentary film entitled If We Had No Moon ("the Film"). He also alleges that Defendants violated the Lanham Act, 15 U.S.C. § 1125, and committed the common law tort of misappropriation by including his name at the end of the Film in a list of individuals and entities to whom the producers wished to give "thanks." Defendants have moved for summary judgment on all of Comins' claims. Having considered the parties' pleadings and oral arguments and having reviewed the works in question, the Court will GRANT Defendants' Motion.
The salient facts are these:
Plaintiff Neil F. Comins is a Professor of Astronomy and Physics at the University of Maine, where he has taught since 1978. He has written numerous articles, as well as a college text, on astronomy. Discovery is a Maryland corporation that engages in, among other things, the production and distribution of programming shown on The Discovery Channel. York is a television production company located in the United Kingdom.
Comins alleges that in the Fall of 1997, York sought and obtained from him a copy of the Book for the "express purpose of creating a documentary television program." He attempted to pursue discussions about the use of his work with York's representative, Raili Taylor, in early December of 1997, but until Spring of 1998 received no response to his inquiries. In the interim, York also engaged in extensive discussions with Richard Longley of Fovea Productions about their possible joint production of a film. According to Comins, Longley informed him that he (Longley) and York were working toward the production of a film for Discovery based on Comins' Book. However, on June 19, 1998, in response to an e-mail inquiry from Comins, Taylor informed Comins that York had "put the project on ice" and thereafter, despite his inquiries, Comins received no communication from York.
During that time, according to Comins, Discovery and York violated his rights. He alleges that York took Longley's proposal, which was based on the Book, and used it in preparing the program proposal that York ultimately presented to Discovery. He says that when Discovery gave its approval to the production of a film based on York's proposal and ultimately produced the Film, it bore the same title and basic content as in York's proposal. Neither Comins nor Longley had a role in the Film's production. Defendants concede that they had a copy of Comins' Book, but contend that they decided to pursue production of a film unrelated to the Book and that York submitted a proposal to Discovery based on independent research and creation.
To establish a claim for copyright infringement, a plaintiff must prove that he owns a valid copyright and that the defendant copied its original elements. See Lyons P'ship, L.P. v. Morris Costumes, Inc., 243 F.3d 789, 801 (4th Cir. 2001). Since Defendants concede that Comins possessed and possesses a valid copyright in "What If The Moon Didn't Exist," the issue in this case is whether Defendants copied its original elements.
To establish copying, a plaintiff must show that the defendant had access to the copyrighted work and that the defendant's work is "substantially similar" to plaintiff's. See Towler v. Sayles, 76 F.3d 579, 582-83 (4th Cir.1996). Since Defendants have conceded that they had access to Comins' Book, the specific inquiry is whether the Film is substantially similar to the Book. A determination of substantial similarity requires a "detailed examination of the works themselves." Accordingly, the Court begins by summarizing the works at issue. Williams v. Crichton, 84 F.3d 581, 583 (2d Cir.1996) (quoting Walker v. Time Life Films, Inc., 784 F.2d 44, 49 (2d Cir.1986)).
The Book
(What If The Moon Didn't Exist?)
Comins' Book is in ten chapters, each organized around a "What if?" question, purportedly inspired by a series of such questions posed to Comins by his young son. Comins asks these hypothetical questions in an attempt to illustrate "what the world would be like if its astronomical environment were different."
In each chapter of the Book, Comins posits one "astronomically plausible change" in the solar system, then describes "what the world would be like" if that change had actually occurred. He gives each hypothetical planet a different name (such as "Solon") and proceeds to describe that planet's atmospheric, geological and biological conditions and the extent to which these conditions would differ from those on Earth1 as a result of the "astronomically plausible change" suggested at the beginning of the chapter. Each chapter assumes a new hypothetical condition, eliminating the hypothetical condition explored in the previous chapter, and in the process creating a new hypothetical planet bearing a different name and featuring a different hypothetical condition. The title of each chapter indicates the various hypotheticals under consideration.
Chapter 1 is entitled Chapter 2 is Chapter 3 is Chapter 4 is entitled Chapter 5 is Chapter 6 is entitled Chapter 7 is Chapter 8 is Chapter 9 is entitled "Seeing the World Through Infrarose-Colored Glasses: Earth." And, finally, Chapter 10 is Of the ten chapters of the Book, only two deal with the Moon and its relationship with Earth. Comins' claims of infringement in this case concern only these first two chapters.
In Chapter 1, the Book explores "some of the basic changes that would occur to the earth had the moon never formed." Among other things, Comins explains that it would have taken "hundreds of millions of years longer" for life to evolve on this moonless Earth. In Chapter 2, Comins reintroduces the Moon, but asks "What if the Moon Were Closer to the Earth?" On the hypothetical planet constructed in this chapter, he surmises that, among other things, the initial spread of life in the oceans would occur more quickly than on Earth, while the evolution of land animals would likely occur more slowly.
The Film
(If We Had No Moon)
The Film is exclusively devoted to the Moon and its effect on the earth. It opens with the same sort of hypothesizing as the Book, with the narrator asking, "What if we had no moon?" He then describes how "the earth would be a very different place without the moon," quoting a scientist who suggests that, without the Moon, there would be no human beings.
The Film proceeds to feature brief appearances by leading scientists who have studied the Moon and its history. Addressing the "twin themes of the evolution of thought and matter," each scientist explains his or her theory about a particular phase of the Moon's development.2 The viewer is thus exposed to cutting-edge scientific knowledge about the evolution of the Moon, at the same time learning about past theories pertaining to the Moon and why they have or have not survived.
The first scientist to appear in the Film is Dr. William Hartmann, developer of the "Giant Impact Theory" of the Moon's formation, whose work is generally acknowledged to be the foundation for virtually all subsequent research about the Moon. Hartmann discusses the three conventional theories regarding the Moon's formation and presents the reasons why he rejected all of those in favor of his own, which posits a collision between Earth and another planet roughly the size of Mars.
The next scientist who appears is Dr. Jay Melosh, who discusses how computer modeling helps to explain the consequences of the impact described by Dr. Hartmann. Melosh demonstrates how such modeling leads to the conclusion that, following the planetary collision described by Hartmann, a massive blast of gas and debris escaped from Earth and went into orbit around it, providing the raw material that ultimately formed the Moon.
Dr. Robin Canup, who appears next, explains how she built upon existing knowledge to develop an impact model explicating how a single, large moon such as ours was produced.
The Film continues in this fashion, presenting other prominent scientists, each of whom discusses significant phases of the Moon's development. These scientists, drawn from multiple fields, including astronomy, orbital dynamics, rocket science, space architecture, geology, theoretical physics and evolutionary biology, discuss their own work as it relates to the Moon.
A party seeking summary judgment must demonstrate the absence of a genuine issue of material fact such that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In making this determination, the court construes all facts and draws all reasonable inferences from those facts in favor of the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).
Notwithstanding Comins' arguments to the contrary, summary judgment motions are...
To continue reading
Request your trial
-
Brantley v. Epic Games, Inc.
...must prove the likelihood of consumer confusion as to the origin, approval or endorsement of the product." Comins v. Discovery Commc'ns, Inc. , 200 F. Supp. 2d 512, 522 (D. Md. 2002) (citing Waits v. Frito–Lay, Inc. , 978 F.2d 1093, 1110 n.9 (9th Cir. 1992) ). Several other courts have dism......
-
First Data Merch. Servs. Corp. v. Securitymetrics, Inc.
...Mktg. Products Mgmt., LLC v. Healthandbeautydirect.com, Inc., 333 F. Supp. 2d 418, 430 (D. Md. 2004) (quoting v. Discovery Communications, Inc., 200 F.Supp.2d 512, 522 (D. Md. 2002)). Notably, § 43 "goes beyond trademark protection." Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S......
-
Holland v. Psychological Assessment Resources
...Int'l, Inc. v. Tri-Star Petroleum Co., 4 F.3d 327, 334 (4th Cir.1993) (internal citations omitted); see also Commins v. Discovery Commc'ns, 200 F.Supp.2d 512, 522 (D.Md.2002) (citing Tri-Star for this cause of action). To succeed using a false endorsement theory, "the plaintiff must prove t......
-
Marketing Products v. Healthandbeautydirect.Com
...or endorsement of the product. See Waits v. Frito-Lay, Inc., 978 F.2d 1093, 1110 n. 9 (9th Cir.1992). Comins v. Discovery Communications, Inc., 200 F.Supp.2d 512, 522 (D.Md.2002). A contested statement or representation violates section 43(a) of the Lanham Act where it is either "false on i......