Seinfeld Wants Copyright Suit Over 'Comedians In Cars' Kicked to the Curb
The comedian says allegations by the director of the original pilot are both time-barred and simply too general to stick.
April 06, 2018 at 04:19 PM
4 minute read
The original version of this story was published on New York Law Journal
Copyright infringement claims against comedian Jerry Seinfeld are a joke—and not a funny one, according to a motion to dismiss filed recently in Manhattan federal court.
In his suit, creative producer and pro se plaintiff Christian Charles claims he is, in fact, the true creator of Seinfeld's show “Comedians in Cars Getting Coffee,” which premiered in 2012.
Undisputed is the fact that Charles directed the show's pilot in October 2011, but Seinfeld's attorney, Gibson, Dunn & Crutcher partner Orin Snyder, says beyond that the suit is bogus, and is asking U.S. District Judge Alison Nathan of the Southern District of New York to kick Charles' claims to the curb.
“In support of this folly, Plaintiff manufacturers a host of objectively meritless copyright and state claims consisting of conclusory and inflammatory accusations that lack even a threadbare recital of the elements of the ten claims listed on a single page of the Complaint,” the dismissal motion states.
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Charles claims a nearly two-decade-long working relationship with Seinfeld. The idea for Seinfeld's award-winning “Comedians in Cars Getting Coffee” show came, Charles claims, after the filing of the 2000 documentary “Comedian,” which the plaintiff directed, which included a cross-country trip by Seinfeld and a friend. Charles said he pitched Seinfeld on a show in 2002 called “Two Stupid Guys in a Stupid Car Driving to a Stupid Town.” Though Seinfeld rejected the idea then, nine years later in 2011, Charles said Seinfeld reached out to discuss developing, producing and directing a car talk show.
After the concept was accepted but before it went into production, Charles said he made two attempts at claiming ownership to Seinfeld, both of which were repudiated by the comedian.
“Plaintiff never alleges (because he cannot) that Mr. Seinfeld reconsidered and agreed that Plaintiff deserved an ownership interest,” Seinfeld's motion states. Seinfeld himself says he came up with the idea after the 2000 documentary.
Charles filed the suit earlier this year, making federal and state claims. The claims, however, fail for fundamental reasons, according to Seinfeld: they're time-barred, and Charles has no actual copyright interest.
The federal Copyright Act has a three-year statute of limitations on copyright ownership, Seinfeld states. The suit, he notes, was brought over five and a half years after the date of the first episode of the show.
The idea that Charles has some copyrightable idea “based on comedians driving in a car to get coffee and engaging in comedic banter” is of a level of un-uniqueness that it remains unprotectable, according to Seinfeld. That the show came out of the very reality of Seinfeld and a comedian friend driving in a car, as acknowledged by Charles, “makes it abundantly clear that the idea is not novel.” The federal claim pre-empts any of the state issues, the motion contends.
Seinfeld goes on to accuse Charles of “not com[ing] to this Court with clean hands.” He accuses Charles of committing copyright fraud for registering the copyright “Comedians in Cars Going For Coffee” 10 days after Seinfeld obtained a copyright for “Comedians in Cars Getting Coffee.” The motion says Charles “deliberately misled” the copyright office into accepting “a bogus” copyright application.
Seinfeld asks that the complaint be dismissed, with prejudice.
Charles did not respond to emails and phone calls requesting comment.
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