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''Castle Rock Entertainment Inc. v. Carol Publishing Group'', 150 F.3d 132 (2nd Cir. 1998), was a U.S. copyright infringement case involving the popular American sitcom ''Seinfeld''. Some U.S. copyright law courses use the case to illustrate modern application of the fair use doctrine. The United States Court of Appeals for the Second Circuit upheld a lower court's summary judgment that the defendant had committed copyright infringement. The decision is noteworthy for classifying ''Seinfeld'' trivia not as unprotected facts, but as protectable expression. The court also rejected the defendant’s fair use defense finding that any transformative purpose possessed in the derivative work was "slight to non-existent" under the Supreme Court ruling in ''Campbell v. Acuff-Rose Music, Inc.'', 510 U.S. 569 (1994). == Facts of the case == Castle Rock Entertainment is the copyright holder and producer of each episode of the sitcom, ''Seinfeld''. Beth Golub wrote ''SAT: The Seinfeld Aptitude Test'' a 132-page book containing 643 trivia questions and answers about the events and characters depicted in ''Seinfeld'' through her publisher, Carol Publishing Group. The book contained 211 multiple choice questions, in which only one out of three to five answers were correct; 93 matching questions; and a number of short-answer questions. The questions were divided into five levels of difficulty, labeled (in increasing order of difficulty) "Wuss Questions," "This, That, and the Other Questions," "Tough Monkey Questions," "Atomic Wedgie Questions," and "Master of Your Domain Questions." An example from the public record of one of the "Wuss Questions": The book drew from 84 ''Seinfeld'' episodes that had been broadcast as of the time that the Carol Group published ''The SAT''. While Golub had created the incorrect answers, the questions and correct answers were grounded in some part to a ''Seinfeld'' episode. A significant number of questions contained dialogue from the show. The name "Seinfeld" was displayed prominently throughout the book, and it contained pictures of the show's actors on several pages. The back cover contained a disclaimer which read, "This book has not been approved or licensed by any entity involved in creating or producing ''Seinfeld''." At first publication, the book did not provoke a lawsuit. Instead, NBC requested several free copies and distributed them with promotions for the program. One of the show's executive producers exclaimed that ''The SAT'' was a "fun little book." ''Seinfelds audience grew after ''The SAT'' was first published. Nevertheless, Castle Rock had been very selective in its licenses of ''Seinfeld'' merchandise, and had rejected numerous products previously to the publication of ''The SAT''. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Castle Rock Entertainment, Inc. v. Carol Publishing Group Inc.」の詳細全文を読む スポンサード リンク
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