Sotomayor (pt II)

Copyright:
Castle Rock Entertainment Inc. v. Carol Publishing Group

I'm thinking since this ruled in favor of the copyright holder, we'll be hearing a lot about it.

The complaint:
Carol Publishing Group published a book called The Seinfeld Aptitude Test, or The SAT. At first, NBC liked it and nothing happened. Later, Castle Rock asked them to stop. They didn't, so Castle Rock took 'em to court.

Essentially the court said "The Copyright Act of 1976 ("Copyright Act"), 17 U.S.C. §§ 101-803, grants copyright owners a bundle of exclusive rights, including the rights to "reproduce the copyrighted work in copies" and "to prepare derivative works based upon the copyrighted work."" And that the Carol Publishing Group had produced a derivative work, since there were so many usages of the fictional "facts" relating to the show.

Seems fair. The book was just a regurgitation of trivia from the episodes. No one would doubt that selling a ticket to a live play of an episode, where everything is done, and said, exactly the same, is not fair use. That's how the court ruled. The book took away the copyright holder's rights to the derivative market. If the book had, instead, been transformative- taking that trivia and making something else out of it- there may have been a case for fair use.

EDITED to add:
Also, looking at New York Times Co. v. Tasini she doesn't seem aware that there's a difference between print publication and electronic publication. As this has been an issue of dissent lately- re: The Writers' Strike, et al- I'd hesitate to harp on it. Especially in light of the fact that the SCUSA has already reversed Sotomayor's finding.