In May 2018, author and director, Christian Charles filed a lawsuit against comedian, Jerry Seinfeld, claiming that Seinfeld’s successful show “Comedians in Cars Getting Coffee” was originally his idea, which Seinfeld stole. Most recently, Seinfeld filed a motion to dismiss, which was granted last month.
Charles and Seinfeld had previously worked together on several projects, although none of them ended in lawsuits. Indeed, the pair had an eighteen year long working relationship. As one example, as alleged in Charles’ complaint, Charles co-created and directed “Comedian,” a documentary film about the comedian. A producer, Gary Streiner, researched extensively camera equipment as well as the logistics of uninterrupted filming in a moving vehicle. Initially, the show was to be called “Two Stupid Guys In A Stupid Car Driving To A Stupid Town” or alternatively, “’67 Bug.” In 2002, Charles pitched the talk show idea to Seinfeld, who allegedly rejected the notion, claiming he had no interest in another television show.
In 2011, Seinfeld allegedly approached Charles with an idea about a talk show featuring comedians driving to a coffee place and having a conversation. Seinfeld sought Charles’ assistance in developing the show. Charles claims he reminded Seinfeld that this concept was the same which was pitched to him nearly a decade earlier, in 2002. Charles then created a new treatment based on the idea described by Seinfeld, which Seinfeld approved. Charles worked to shoot and create the pilot episode, which Seinfeld “excitedly supported.”
After successfully pitching the pilot to Sony, Charles began preparing and location scouting for a follow-up episode featuring Alec Baldwin. Charles’ representatives engaged in discussions to finalized terms with Seinfeld and Sony. In particular, Charles requested credit for his creative contribution, Seinfeld’s response responded that he alone deserved credit for the show and that Charles was merely a work-for hire. After a number of phone calls, all of which allegedly resulted in Seinfeld “yelling,” Charles was provided no further information as to next steps for the project and was ultimately shut out of production.
Traditionally, copyright law protects a work of authorship from the moment it is created in a fixed form. Under this regime, only the author of the work can rightfully claim copyright. However, an exception exists for “works made for hire.” If a work is made for hire, an employer is considered the author even if an employee actually created the work. A work is made for hire when the work is prepared by an employee within the scope of his or her employment or when the work is specially ordered to commissioned. Under either option, the parties must expressly agree in writing that the work is a work made for hire.
Charles claims that he maintained the belief that Seinfeld would eventually acknowledge Charles alleged ownership rights and bring him back to the show, a belief that he finally got rid of about six years later in 2016, which is when he registered his treatment of the show with the Copyright office. Charles then contacted Seinfeld in 2017, when the Netflix deal with “Comedians in Cars Getting Coffee” began. In February of 2018, Charles filed the lawsuit against Seinfeld, where he claims copyright infringement of the treatment, script, and pilot, as well as claims for joint authorship, injunctive relief, and multiple state law causes of action.
In response to Charles’ lawsuit, the defendants filed a motion to dismiss arguing that Charles’ copyright claims are time-barred. Civil actions for infringement under the Copyright Act have a three-year statute of limitations. A statute of limitations is the maximum time after an event within which legal proceedings may be initiated. Because Charles’ claims accrued at least as of 2011, the court dismissed Charles’ complaint. In dismissing Charles’ federal claims, the District Judge did so with prejudice, which means Charles is barred from bringing an action on the same claim. As to the state law claims, however, the District Judge dismissed them without prejudice, meaning Charles remains free to bring such claims in state court.