HBO Max recently shelled $425 million  for Friends and $500 million for The Big Bang Theory — both also owned by Warner Bros. — making a joint deal with TBS for latter, estimated to be $600+ for the combined SVOD/cable rights. At first publication, the book did not provoke a lawsuit. In addition, when a derivative work transformed an original work into a new mode of expression such that little similarity remained, it would not infringe the copyright of the original work. The decision is noteworthy for classifying Seinfeld trivia not as unprotected facts, but as protectable expression. When analyzing the quality of the copied material, the court rejected the defendant's position that Seinfeld trivia constituted facts and was therefore not covered by copyright protection. Per the official announcement, “The deal was closed by Barbara Zaneri, EVP, Viacom Global Program Acquisitions, and Flory Bramnick, EVP, U.S. Distribution, Sony Pictures Television for an undisclosed sum and a loaf of marble rye after a spirited Festivus feats of strength competition.”, Said John Weiser, President, First Run Television for Sony Pictures Television who oversaw the sales process for the studio, “Seinfeld airing on Comedy Central and the Viacom networks brings together the greatest comedy of all time, with the best brands in cable. Industry sources speculated that the Viacom pact may be worth in the $200,000 – $250,000 per episode range while sources close to the situation said that the numbers are significantly higher. Nevertheless, Carol Publishing urged the court to consider the "total concept and feel" approach rather than the subtraction method. Exclusivity is important, and, already spending a ton for Friends and Big Bang, which it has exclusively across streaming and cable, WarnerMedia maybe did not find retaining Seinfeld and TBS as appealing without the streaming component. It produced all nine seasons, including The Seinfeld Chronicles. One of the show's executive producers exclaimed that The SAT was a "fun little book." On the other hand, if the market was one generally protected by fair use, such as criticism, parody, or academic scholarship, the copyright holder could not enter those markets and attempt to preclude secondary authors from entering. The court chose to take the Seinfeld series as a whole, rather than compare the quantity of copied work from each of the 84 episodes individually. Seinfeld was created by Larry David and Jerry Seinfeld and executive produced by Larry David, Howard West, and George Shapiro. HBO Max recently shelled $425 million  for Friends and $500 million for The Big Bang Theory — both also owned by Warner Bros. — making a joint deal with TBS for latter, estimated to be $600+ for the combined SVOD/cable rights. Seinfeld is a West/Shapiro Production in association with Castle Rock Entertainment. As Deadline reported last month, Sony Pictures Television this summer had taken out Seinfeld, which the studio distributes. The appeals court noted that there was no dispute as to whether Castle Rock owned a valid copyright in Seinfeld nor was it disputed that Carol Publishing copied material from the shows. Friends also is on TBS. WarnerMedia’s HBO Max was considered an obvious choice for Seinfeld’s streaming rights, with TBS in the drivers seat to retain the comedy, which it had carried since Seinfeld entered cable syndication. The current cable syndication deal for Seinfeld at TBS is believed to be paying about $350,000 – $400,000 an episode. It reasoned that the "facts" portrayed in Seinfeld originated in the fictitious expression by the writers of the show. The court held that this was a sufficient quantity of copying to overcome the de minimis threshold alleged by Carol Publishing. We want to hear from you! The court noted that the book did not quiz readers on such facts as the location of the Seinfeld set or the biographies of the actors, but on characters and events springing from the imagination of the show's authors. The court noted that because the two works were of different genres, other approaches would be less helpful. To impress a woman, George passes himself off as, The book drew from 84 Seinfeld episodes that had been broadcast as of the time that the Carol Group published The SAT. In the previous negotiations, Sony synched up the off-network cable deal for Seinfeld at TBS with the streaming pact at Hulu, so all rights become available at roughly the same time in 2021. Seinfeld was created by Larry David and Jerry Seinfeld and executive produced by Larry David, Howard West, and George Shapiro. The court provided a substantial analysis of Carol Publishing's fair use defense. This was a tremendous team effort and we are delighted to be working with the first class executives at Viacom who are experts in programming and promotion. [1] The court noted that the fundamental purpose of the fair use doctrine is "promoting the Progress of Science and Useful Arts."[2]. Friends also is on TBS. 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. “We’re extremely proud to bring this little-known series to our viewers. Just days after Netflix landed global streaming rights to Seinfeld, currently on Hulu, the classic NBC sitcom also has found a new cable home. Additionally, Seinfeld‘s performance on TBS has softened over the years and the network no longer airs it in primetime. For a show about Nothing, this is really Something!”. Turning to the effect on the potential market, the court found that although Castle Rock had shown little interest in exploiting the market for Seinfeld-related books, the defendants’ work substituted for the derivative market for such books, and the court noted Seinfeld would boost its profile, airing alongside fellow newer offerings as Two and a Half Men and The Goldbergs. Castle Rock Entertainment is the copyright holder and producer of each episode of the sitcom, Seinfeld. Beginning in October 2021, the full library of all 180 Seinfeld episodes will leave their long-time cable home on TBS and will air across Viacom’s entertainment brands, including Comedy Central, Paramount Network and TV Land.