Shine v. Childs

382 F. Supp. 2d 602 (2005)

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Nature of the Case

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Facts

P was a student in the Masters of Architecture Program at the Yale School of Architecture. P took a studio class on skyscrapers taught by renowned architect Cesar Pelli. P was to create a design proposal for a monumental skyscraper that would be built on West 32nd Street in Manhattan and used by the media during the 2012 Olympic Games. The building was to be adjacent to the proposed West Side stadium. P developed a preliminary model for his design called Shine '99. Shine '99 was a tower that tapers as it rises, with 'two straight, parallel, roughly triangular sides, connected by two twisting facades, resulting in a tower whose top is in the shape of a parallelogram.' P developed a more sophisticated model of his design, entitled 'Olympic Tower.' This was 'a twisting tower with a symmetrical diagonal column grid, expressed on the exterior of the building, that follows the twisting surface created by the floor plates' geometry.' The column grid gives rise to 'an elongated diamond pattern, supporting a textured curtain wall with diamonds interlocking and protruding to create a crenelated appearance.' P submitted his designs to a jury of experts invited by the Yale School of Architecture to evaluate and critique student work. D was on the panel, and he praised Olympic Tower during the presentation. P was applauded by the jury and other visitors, which, according to P, is 'highly unusual' at a student's final review. D approached P, complimented Shine's color pencil rendering of Olympic Tower, and invited P to visit after his graduation. This favorable reaction was also documented in Retrospecta, an annual alumni magazine. P copyrighted his works. D did not begin work on the Freedom Tower. The Lower Manhattan Development Corporation and the Port Authority of New York and New Jersey held an architectural competition. A design for the Freedom Tower was completed within six months and was presented at a press conference. P alleges that this design is substantially similar to the form and shape of Shine '99 and that it incorporates a structural grid identical to the grid in Olympic Tower, as well as a facade design that is 'strikingly similar' to the one in Olympic Tower. According to P's expert, Yale Professor James Axley, several days after Childs unveiled the design for the Freedom Tower, one of Shine's original models for Olympic Tower 'was retrieved from archival storage and placed on the desk of the Dean of the School of Architecture.' It was difficult not be believe they were different. P sued Ds claiming they copied his designs without his permission or authorization. Ds move to dismiss. Because the alleged infringing design may never be constructed, Shine's actual damages in this action may be reduced, and he may be unable to show the need for an injunction. Because Ds' original design for the Freedom Tower remains in the public domain, P's infringement claim stands. Ds argue that both designs are unoriginal and functional, and therefore unworthy of whatever copyright protection they currently have. Ds deny that they copied P's designs, and assert that there is no substantial similarity between them.