Seinfeld, Transformation, Fair Use

While the Second Circuit's decision in the Seinfeld case is not the best view, it was probably inevitible. Given the publishing industry (or, more properly, Hollywood) squawking over books like (title is not exact) The Nit-Picker's Guide to Star Trek: The Next Generation, and the vast value of media tie-in properties, I can't see the media industries rolling over. Does anyone know if there were amicus briefs filed in Seinfeld? If so, by whom?

It seems to me that the real problem is that the quiz book looked too much like a derivative to pass muster; the "transformative use" concept seems to have more to do with determining whether a work is derivative than with fair use, even though the fair use language is what gets cited.

Which leads to a question:

Wouldn't we be better off with a rebuttable presumption for quantity of "quotation" for fair use? I always thought that a citizen was supposed to be able to conform his or her conduct to the law, and this is such a basic area that it shouldn't be left to chance. Remember all those high school reports with the note cards and the temptation to copy most of the encyclopedia article?

C.E. Petit
<cepetit[_at_]usa.net> Received on Sat Aug 28 1999 - 01:28:16 GMT