The Dark Tower

(2017)   Tags: Sony

Dubay v. King

Plaintiff Benjamin Michael DuBay is a nephew of William Bryan DuBay, one of the creators of “Restin Dane” also known as “The Rook.” The Rook is a comic book character whose first story was published in 1977 in a Warren Publications horror/fantasy comic magazine entitled Eerie volume 82.  Plaintiff alleges that the character Roland Deschain, as featured in all of Defendants’ works, is so similar to Restin Dane, aka The Rook, that all of the Defendants’ works have copied his protectible expression.

According to Plaintiff, Defendant Stephen King must have unlawfully copied and appropriated The Rook character into The Dark Tower series. Plaintiff has identified the infringing works as: the eight novels of The Dark Tower series written by Defendant King; 16 of The Dark Tower graphic novels licensed by Defendant Marvel; and the 2017 feature film The Dark Tower produced and/or distributed by Defendants MRC.

Judgment: The similarities between The Rook and Roland concern only non-copyrightable elements. The protected elements of The Rook and Roland are dissimilar, even when viewed in the light most favorable to Plaintiff. No reasonable jury, properly instructed, could find the works substantially similar.  Defendants’ Motion for Summary Judgment is GRANTED.