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COPYRIGHT INFRINGEMENT/ CLAIM DISMISSAL
The U.S. District Court for the Eastern District of New York dismissed a suit alleging copyright infringement by the movie 'The Polar Express' and by an episode of the Discovery Channel's 'Extreme Engineering' television series. Adams v. Warner Brothers Pictures Network, 05 CV 5211(SLT)(LB). Pro se plaintiff Colonel A. Adams claimed he filed a copyright registration, for a drawing of an upright space ship, which the defendants infringed. 'The Polar Express' is a movie based on a children's book of the same title. The 'Extreme Engineering' episode examined the possibility of a New-York-to-London tunnel for a levitated train.
The district court first noted: 'Plaintiff's Amended Complaint contains no allegations that Defendants had access to Adams' copyrighted Design. Defendants argue that there is not even a possibility that any of the Defendants saw or had a reasonable opportunity to see Adams' Design because Defendants created each of their respective works prior to Adams' copyright registration ' [And Adams] does not allege ever having published, displayed, or distributed his Design prior to his registration. Defendants argue, and the Court agrees, that on this ground alone, this action should be dismissed.'
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