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Kaye v. Cartoon Network Inc.

Comic Book, TV Series Not Similar in 'Overall Feel'; Infringement Suit Dismissed

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OPINION AND ORDER

*1 On January 3, 2016, Plaintiff Michael Kaye filed this copyright infringement action against Cartoon Network, Inc.; Turner Broadcast Systems, Inc.; Cable News Network, Inc.; Time Warner, Inc.; Boom Entertainment, Inc.; Rebecca Sugar; Ian Jones-Quartey and Does 1-10. The Complaint alleges that Defendants violated the Copyright Act, 17 U.S.C. §101 et seq., by copying Plaintiff’s Amphoman comic book series in their Steven Universe television series. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants move to dismiss the Complaint on the ground that Steven Universe is not substantially similar to Amphoman as a matter of law. As discussed below, Defendants’ motion is granted.I. BACKGROUNDThe facts below are drawn from the Complaint and documents and other evidence integral to the Complaint, including Plaintiff’s comic book series, Amphoman, and a significant portion of the television series, Steven Universe. The facts are construed in the light most favorable to Plaintiff as the non-moving party. See Doe v. Columbia Univ., 831 F.3d 46, 48 (2d Cir. 2016).

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