Search for: "CAULFIELD"
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13 Jul 3:30 am
... fall under the fair use exception to copyright infringement. But Judge Batts ruled that the story of an older version of Caulfield
contained no "reasonably discernible rejoinder or specific criticism of any character or theme" of The Catcher in the ... a focused parody and can't satirize the original. It is beyond
question that Salinger owns the copyright to his novel. The story of Caulfield's angsty odyssey belongs to Salinger, but the idea that he owns
the character himself seems at odds with the ...
12 Jun 11:07 am
... J.D. Salinger have the exlusive right to profit commercially from stories that include Holden Caulfield? He certainly has the right to
block publication of his own letters. The author of a ... say I'm very sympathetic to Salinger's efforts to maintain control over Holden Caulfield. He's an iconic character. It's difficult to live through adolescence in the U.S. ... by someone else. But that's not to say someone else writing
about Holden Caulfield wouldn't have a lot to say J.D. Salinger might never be ...
23 Jun 10:14 am
... .D. Salinger's lawsuit seeking to block publication of 60 Years Later: Coming Through the Rye apparently thinks Holden Caulfield is "a
portrait by words." Funny, I might think of Catcher in the Rye as analogous to a painting, but the character himself? Holden Caulfield is a
cultural icon of adolescent alienation (or at least was at one time). Can no creative work employ him as a symbol with resonance for an entire generation without J.D. Salinger's
permission ( ...
1 Jul 3:42 pm
... because the book did not constitute a critical parody that "transformed" the original. The book imagines a grown up Holden Caulfield, the
protagonist of the original, wandering the streets of New York after having escaped from a retirement home. Wrote Batts: To ... contend that 60 Years and the character of Mr. C direct
parodic comment or criticism at Catcher or Holden Caulfield, as opposed to Salinger himself, the Court finds such contentions to be post-hoc
rationalizations employed through vague ...
31 Jul, 2007 3:14 am
Law professors John Burrows, an expert on Aboriginal legal issues at the University of Victoria, and Timothy Caulfield, a specialist in health
law at the University of Alberta, are the two law faculty among the newly elected Fellows of the...
4 Jun 5:21 am
J.D. Salinger recently filed a lawsuit (complaint (pdf)) seeking to block the publication of 60 Years Later: Coming through the Rye, an unathorized sequel to Catcher in the Rye, on the
grounds it infringes Salinger's copyright in the novel and in Holden Caulfield, the "narrator and essence of that novel." It's an interesting
case. In SunTrust Bank v Houghton Mifflin Co., 268 F.3d 1257, 60 U.S.P.Q. 2d 1225, 14 F.L.W. Fed. C, 1391 (2001, 11th Cir.), rehearing denied en ban, 275 F3d 58 (11th Cir. ...
18 Jun 1:00 pm
There's an interesting literary legal battle playing out in New York City, with one of American fiction's iconic characters at its center.On one side is author JD Salinger, whose
classic novel The Catcher in the Rye gave us the ultimate paradigm of youthful disillusionment, Holden Caulfield. Salinger hasn't published
anything since 1965 and almost more noteworthy now for his recluse status and
1 Jul 4:32 pm
According to the New York Times, a federal judge on Tuesday granted a preliminary injunction "indefinitely banning the publication, advertising or distribution" of a novel by a Swedish
author that contains a 76-year-old version of Holden Caulfield. The novel, which has already been published in Britain, is called "60 Years
Later: Coming Through the Rye" by Fredrik Colting, who wrote the novel under the pen name J. D. California. Normally, I would not support the banning of any book for nearly ...
2 Jul 5:23 pm
I could have linked to a million stories on this, but Publishers Weekly seems appropriate*: Finding that author J.D. Salinger is "likely to succeed on the merits of its copyright case,"
a federal judge granted a preliminary injunction late on Wednesday afternoon, barring the publication of what Salinger's attorneys called an unauthorized sequel to The Catcher in [...]
2 Jul 10:54 am
Last month I blogged about the legal battle between JD Salinger and the publisher of a book called 60 Years Later: Coming Through the Rye, by Fredrik Colting. Salinger claims that the
book is an unauthorized sequel to The Catcher in the Rye, while Colting calls it a literary critique or "metafiction" dressed up like fiction. A federal judge had issued a temporary
order prohibiting the book from
18 Jun 5:13 pm
... 's ruling from the bench on June 17, it will be interesting to see how the Court characterizes the following features of the Holden Caulfield character that Salinger claims are unique: * Being "a disaffected 16-year old boy" who is "kicked out of prep school ... 27). See also id. ¶¶ 57, 59
and 61 (comparing characteristics of the protagonist in the Sequel with Holden Caulfield). Perhaps the Court will opine that collectively,
these features form a single, recognizable and unique character capable of ...
2 Jul 2:28 pm
... depressive alienation is one of the key themes of Catcher. That many readers and critics have apparently idolized Caulfield for the former,
despite - or perhaps because of - the latter, does not change the fact that those elements were already apparent in ... yes; Salinger has no legal right to prevent people from mocking
him, or mocking the mockery that the judge says is Holden Caulfield. And is that what Colting, the author of 60 Years Later, is doing? Mocking
the mockery? So it seems to me. There ...
17 Jun 10:22 am
... classic work. [...] See also Save the Salinger Archives! from Slate Later: Holden Caulfield Hangs on to His Youth (pdf) The judge, Deborah
A. Batts of United States District ... words, that is a portrait by words," Judge Batts told the lawyers. "It would seem that Holden Caulfield
is copyrighted." But the judge said she would take some time to reflect ... extends during the author's lifetime, plus 70 years, the character of Holden Caulfield does not belong to the public domain. We have no doubt that no ...
20 Nov 10:06 am
... DUI…charges that were based on an anonymous caller's tip. The caller reported that Caulfield almost hit her and her husband head-on,
causing them to swerve into ... . Ohio that an officer's "good faith or inarticulate hunches" simply aren't enough. Caulfield's DUI defense
attorney will have to investigate how the events unfolded that led ... probable cause required by Terry v. Ohio to stop, detain, and/or arrest Caulfield, Caulfield's charges could be reduced or possibly even dismissed. As Los Angeles ...
2 Jun 1:39 pm
... - the first of which is probably easier to win than the second. The first is whether the character of Holden Caulfield is copyrightable.
That issue - whether a fictional character is copyrightable - is a little unsettled. It's most readily applied to characters that ... perhaps most to the point, the parts that appear to
be used in 60 Years seem to reflect the parts of Holden Caulfield that are perhaps the most developed. Okay. So this hurdle the plaintiffs
probably pass. What's next? The next real ...
10 Jun 9:50 am
... copyright in the original novel is no sure thing either way. On the one hand, Holden Caulfield is very much his creation, and it seems the
market Salinger has created by means of ... to imagine a sequel that does not comment upon the original. And isn't Holden Caulfield now such a
cultural icon that he belongs to all of us, not just to J.D. ... Salinger? But that's going too far. I don't think I could produce "Holden Caulfield" playing cards or action figures without J.D. Salinger's consent. But if you ...
3 Aug 3:33 pm
... government's claim that national security would be jeopardized. In 60YL, it's Holden Caulfield who's in jeopardy. An aged Caulfield has escaped from a retirement home instead of a prep school, and faces an ... has ended his decades of seclusion to "finish what [he] started."
Salinger is trying to kill Caulfield -- his "monster" -- "bringing him back just so [he] can kill him." But the plan goes awry, and
Caulfield won't die. As Salinger and Caulfield play out their game of cat and mouse through a ...
9 Jun, 2007 2:51 am
... does anyone come up with something truly innovative in the practice of law. Paul Caulfield has done just that. I had a drink with Paul
yesterday, and he explained to ... rigor, and its absence bespoke a struggling lawyer. But times change. Paul Caulfield has found a niche that
fills a huge gap in the availability of legal services, while ... your grandchildren about the good old days when lawyers had their own offices, remember the name Justin Paul
Caulfield. And remember that you heard it here first. ...
5 Jul 2:23 pm
... criticizing Salinger and his attitudes and behaviour." It must be noted that it was not solely the use of Caulfield as the protagonist that
was unacceptable, it was the extent and similarity of the details of his character as detailed in Catcher that fell ... Batts's written judgment was not a surprise to the AmeriKat, but
her contention that the character of Holden Caulfield benefits from the protection of copyright is still surprising. As previously stated, the
AmeriKat waits with baited breath for ...
8 Jul 11:48 am
... and sale of "60 Years Later: Coming Through the Rye," a novel based on the Holden Caulfield that Salinger created in "Catcher In The Rye".
Just last week, Judge Deborah Batts ... similarity between Catcher In The Rye and 60 Years, as well as between the Holden Caulfield and "Mr. C"
characters in 60 Years, such that 60 Years was an infringement ... did not agree: "60 Years' plain purpose is not to expose Holden Caulfield's
disconnectedness, absurdity, and ridiculousness, but rather to satisfy Holden's ...
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