## Facts

- Castle Rock Entertainment, Inc. owned copyrights in the television series *Seinfeld* and its episodes.
- Carol Publishing Group, Inc. published, and Beth B. Golub authored, *The Seinfeld Aptitude Test* (“The SAT”), an unauthorized 132-page trivia book.
- The SAT contained 643 questions and answers drawn from 84 of 86 aired *Seinfeld* episodes, including numerous questions using dialogue from the show.
- Castle Rock had licensed some *Seinfeld*-related merchandise, rejected many proposed products, and did not authorize a trivia book, seeking to control derivative markets.

## Issues

1. Whether The SAT copied protectable expression from *Seinfeld* (as shown by substantial similarity) rather than merely using unprotectable facts or ideas.
2. Whether The SAT’s use of copyrighted material qualified as fair use under 17 U.S.C. § 107.

## Decision

- The Second Circuit affirmed summary judgment for Castle Rock on copyright infringement.
- The court held The SAT copied sufficient protected expression from *Seinfeld* to establish infringement.
- The court held defendants failed to prove fair use under § 107.
- The court affirmed the permanent injunction barring further publication and the damages award of $403,000.

## Legal Principles

- Detailed elements of a fictional work (including dialogue, plot events, and character-driven situations) are protectable expression; treating such material as mere “trivia” does not convert it into unprotected facts.
- A commercial work aimed at entertaining existing fans by presenting copyrighted material in a new format, without meaningful criticism, comment, scholarship, or other new expression, is generally not transformative for fair-use purposes.
- Under § 107, when the original is highly creative, extensive taking (including verbatim dialogue and broad episode coverage) weighs against fair use, particularly where the taking exceeds what is reasonably necessary for any asserted purpose.
- Market harm analysis includes harm to traditional, reasonable, or likely-to-be-developed derivative markets; the copyright owner may withhold licensing in a market, and an unauthorized substitute can still weigh strongly against fair use.

## Conclusion

The court ruled that an unauthorized *Seinfeld* trivia book infringed Castle Rock’s copyrights and was not protected by fair use because it commercially repackaged substantial protected expression from a highly creative work and interfered with potential licensed derivative markets.


Castle Rock Ent., Inc. v. Carol Publ'g Grp., Inc., 150 F.3d 132 (2d Cir. 1998)