‘Don’t Look Up’ Copyright Lawsuit Dismissed, For Now

‘Don’t Look Up’ Niko Tavernise/Netflix/Courtesy Everett Collection

A lawsuit against Adam McKay, his production company and Netflix accusing them of ripping off a self-published novel in Don’t Look Up has been barred from moving forward.

U.S. District Judge Sherilyn Peace Garnett dismissed the lawsuit, finding that several of the alleged similarities are too “generic” to constitute a copyright infringement claim. She allowed the book’s author an opportunity to fix his claims and refile the complaint, according to the ruling issued on Thursday.

In 2012, William Collier self-published a dark comedy novel called Stanley’s Comet. It follows a low-level NASA scientist’s discovery of a giant comet on a collision course with Earth. Initially, the government is skeptical of whether it will make impact but eventually plans a nuclear strike, which, for political reasons, is aborted. In the meantime, the scientist is catapulted into fame as people are divided on whether to take the threat seriously and the wealthy make alternative plans for survival.

Collier filed a lawsuit last year, arguing that his book and McKay’s movie are “strikingly similar” to each other. Like his novel, Don’t Look Up is a dark comedy about a giant comet on a collusion course with Earth, according to the complaint, which noted that the works share identical mood, themes and characters, among other things. 

The court rejected claims that the alleged similarities rise to the level of infringement. “A comedic, ironic, or satirical mood is far too general to merit copyright protection,” Garnett wrote on the mood and tone of the works.

The judge found the same for arguments that the movie and book share overlapping themes. It stressed that critiques of the media, government and society are “among the very staples of modern American literature” that “cannot serve as the basis for copyright protection.”

Collier also alleged that the works share identical plots: low-level scientists discover large comets predicted to collide with the Earth; appear on talk shows to inform the public of their findings, with initial public apathy; and a chaotic climax as the comets becomes visible.

On this issue, the court stressed differences between the movie and book. In Don’t Look Up, the comet actually hits Earth, causing an extinction-level event, while the comet in the novel skips off the atmosphere, with everyone surviving. It added, “The discovery of the comet and reactions from the public and various government actors, including impulsive behavior, apathy, and fear, are all situations and incidents which flow naturally from the basic premise of each work.”

Collier has 21 days to refile an amended lawsuit.

According to the complaint, Collier’s daughter worked for Jimmy Miller Entertainment, a division of Mosaic Media Group, as an executive assistant to Michael Aguilar, then president of production at the company. Aguilar reported to Jimmy Miller, who the suit said was McKay’s manager until 2015. Miller and McKay often collaborated on projects, including the production of Talladega Nights, Step Brothers and Land of the Lost, the suit claimed.

Collier alleged that he sent in 2007 a copy of his book to her daughter’s employer to be considered for potential development. Through this process, McKay, a Mosaic client, reviewed the novel via Miller, according to the complaint.

McKay has maintained that he wrote the screenplay for Don’t Look Up in 2019, drawing from numerous sources of inspiration, including a conversation with David Sirota, a former journalist-turned political adviser who got a writing credit on the film.

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