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Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc., 150 F.2d 132 (2d Cir. 1998), concerned a copyright infringement case involving the television show Seinfeld.

Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc., 150 F.2d 132 (2d Cir. 1998), concerned a copyright infringement case involving the television show Seinfeld. In 1995, Carol Publishing published a book, The Seinfeld Aptitude Test (SAT), written by Beth Golub. The book, naturally designed to take advantage of Seinfeld's popularity, tests the reader's intimate knowledge with the show and its characters by asking 643 questions, in multiple-choice, matching, and short answer questions. Some of the questions involve dialogue from the series. The name "Seinfeld" appears on the front and back of the book. Castle Rock sued Carol Publishing for copyright infringement and won a summary judgment, which was appealed. The second Circuit Court of Appeals affirmed, concluding that the SAT plainly copies copyrightable and creative expression. Each question is based upon facts from the shows (What was Kramer's first name?), not facts about the show (What late-night television show did Michael Richards appear in the early 1980s?). These facts come from the tangible expression of the creator's imagination and were used without Castle Rock's permission.

Do you think Carol Publishing and Golub acted unethically in this case? (ii) What purpose is served by copyright law? (iii) What is the fair use doctrine and why doesn't this fall under the fair use doctrine?

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