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June 18, 2009

J.D. Salinger wins round one

j.d. salingerScore one for Holden Caufield and J.D. Salinger. A federal judge has temporarily blocked the U.S. distribution of an unauthorized sequel to Catcher in the Rye, as she contemplates the complicated issues in the case.

 Judge Deborah Batts is considering whether 60 Years Later: Coming Through the Rye transforms Salinger's original creation enough that it is a "fair use" of a copyrighted work, the AP said. A ruling was anticipated in the next 10 days. The book, by Swedish author Fredrik Colting, was scheduled for U.S. release on Sept. 15 but the court dispute was likely to delay that.

Among the related questions in the case: Is Caufield himself entitled to copyright protection? Does this amount to a book ban? Judges are very reluctant to halt publication of books and newspapers, because that action runs counter to First Amendment guarantees of freedom of expression. In one of the most well-known cases on that issue, the U.S. Supreme Court rejected govenment efforts to halt newspaper publication of the "Pentagon Papers," a critical review of U.S. policy in Viet Nam. But here the issues are murkier, because of the 60 Years Later is so closely linked to a copyrighted work.

One sad note in this mess: Salinger's agent says he is now deaf, and is recovering at a rehabilitation facility from surgery for a broken hip suffered in late May.

Posted by Dave Rosenthal at 9:49 AM | | Comments (2)
        

Comments

It will be interesting to see if the people who criticized author Margaret Mitchell's estate for its efforts to halt "The Wind Done Gone" will react the same way in this case.

Recently I wrote a 100-page comparative research paper on the treatment of parody in the copyright laws of common law countries and selected European countries. Thus, I could not help but voice my thoughts regarding the ongoing dispute between J.D. Salinger and the author and publishers of a purported sequel to The Catcher in the Rye.

I have posted my new article "Why Courts Should Not Allow the Parody Exception to Make a Parody of the Copyright Law" at http://mincov.com/articles/index.php/fullarticle/Salinger_Parody/

I hope you don't mind me using your blog to advertise it. I would appreciate any comments you may have with regard to my article.

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About the blogger
Dave Rosenthal came to The Baltimore Sun as a business reporter in 1987 and now is the Maryland Editor. He reads a wide range of books (but never as many as he'd like), usually alternating between non-fiction and fiction. Some all-time favorites: A Confederacy of Dunces by John Kennedy Toole; Wind, Sand and Stars by Antoine de Saint-Exupery; and anything by Calvin Trillin or John McPhee. He belongs to a book club with a Jewish theme.
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