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9 Jul 12:07 pm
... ] and the character of Mr. C direct parodic comment or criticism at Catcher [in the Rye] or Holden Caulfield, as opposed to Salinger himself, the Court finds such contentions to be post-hoc rationalizations employed through vague generalizations about the alleged naivety ... cannot be published in the United States pending final resolution of the litigation, which now appears likely to be in J.D. Salinger's favor. Reacting to the unfavorable outcome, Mr. Colting stated to the New York Times: "I'm ...
IP Law Blog - http://www.theiplawblog.com/
25 Jun 7:30 am by Litwak
... right to create a sequel to "The Catcher in the Rye" or to use the character "Holden Caulfield" belongs only to Salinger, who has never permitted his work to be filmed, staged or otherwise adapted. The suit further ... poke fun, ridicule, comment upon, criticize, or otherwise transform "The Catcher in the Rye." J.D. SALINGER v. John DOE, writing under the name John David California; Windupbird Publishing Ltd.; Nicotext A.B.; and ABP, Inc. d/b/a SCB Distributors Inc., No. 09 Civ. 5095 DAB (June 1, ...
Entertainment Law Resources Blog - http://marklitwak.blogspot.com/
12 Jun 11:07 am by pfriedman
... endless, a battlefield rife with spoils for ambitious lawyers. But he wrote the letters to Salinger, and what about that exactly gives him sole say over whatever happens to them, ... "life" more sacrosanct than another? In fact, we might be sympathetic to J. D. Salinger's increasingly futile efforts to safeguard his precious privacy, as we ... life to an American of my age as did JFK, maybe more. Why should Salinger alone control his future. I know the difference between a book about Holden Caulfied ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
10 Jun 9:50 am by pfriedman
... way. On the one hand, Holden Caulfield is very much his creation, and it seems the market Salinger has created by means of that creation might be considered his exclusive domain under copyright. But, then ... '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 can use Scarlett O'Hara in a sequel to ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
2 Jun 1:39 pm by Ashby Jones
J.D. Salinger (pictured) hasn't published much fiction in the last half-century, but the guy can still crank out a lawsuit when he needs to. ... , filed in Manhattan federal court by lawyers at Davis Wright Tremaine. So does Salinger's lawsuit stand a chance? To explore the question, we checked in with Marc Reiner, ... it's probably going to turn on the "transformative question." And on this point, while I think Salinger seems to have a reasonable case, courts do tend to find on the side of defendants on ...
Law Blog - http://blogs.wsj.com/law
23 Jun 10:14 am by pfriedman
... rather than the work he appears in, can be copyrighted. Nonetheless, the judge hearing J.D. Salinger's lawsuit seeking to block publication of 60 Years Later: Coming Through ... no creative work employ him as a symbol with resonance for an entire generation without J.D. Salinger's permission (that, by all appearances, he would never grant)? A lot of ... and concepts claims, if we view it with modern copyright owner eyes. Remember J.K. Rowling's litigation over methods and concepts that Darl McBride and ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
4 Jun 1:33 pm by admin
J.D. Salinger has sued the anonymous author and publisher of a book called 60 Years Later: Coming Through the Rye, which is essentially a sequel to Catcher in the Rye that features a geriatric Holden Caulfield escaping from an old age home and taking a trip to New York. When I first heard about the J.D. Salinger lawsuit I [...]
Art Law - http://www.vincemanapat.com/
4 Jun 5:21 am by pfriedman
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. ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
3 Jul 7:46 am by Steven
Gawker - "J.D. Salinger invented blogs, according to a federal judge who granted a temporary injunction yesterday against John David California's planned "parody" of Catcher in the Rye."
Library Stuff - http://www.librarystuff.net
2 Jun 7:49 am by MediaLaw Prof
The notoriously reclusive J. D. Salinger has filed a lawsuit over the book 60 Years Later, which is listed as "pre-pub" by Amazon.com, and has as its author the pseudonymous "J.D. California." 60 Years Later, published by Nicotext, is described...
Media Law Prof Blog - http://lawprofessors.typepad.com/media_law_prof_blog/
25 Jun 5:10 pm by Steven
... a temporary restraining order on the publication of a novel called 60 Years Later: Coming Through the Rye. At issue is a copyright infringement lawsuit by J. D. Salinger, author of the 1951 classic Catcher in the Rye. In a few days, the judge will decide whether to make the ban permanent. In the meantime, the case highlights the conflict between intellectual property rights and First Amendment rights-between copyright and creative freedom."
Library Stuff - http://www.librarystuff.net
9 Jul 3:07 pm by Eugene Volokh
I didn't see the decision granting a preliminary injunction to Salinger until this week, so I thought I'd blog a link. A very interesting case, and I think the opinion...
The Volokh Conspiracy - http://volokh.com/
3 Jul 1:24 am by Ann Althouse
"... who granted a temporary injunction yesterday against John David California's planned 'parody' of Catcher in the Rye." That's Gawker's take on the judicial opinion that said: Both narratives are told from the first-person point of view of a sarcastic, often uncouth protagonist who relies heavily on slang, euphemisms and colloquialisms, makes constant digression and asides, refers to readers in the second person, constantly assures the reader that he is being honest and that he is giving ...
Althouse - http://althouse.blogspot.com
1 Jul 3:42 pm by Ashby Jones
... followed up on her temporary restraining order from last month, and permanently banned publication of an unauthorized sequel to J.D. Salinger's uber-famous novel, Catcher in the Rye. Click here for the NYT article; here for the opinion; ... 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 generalizations about the alleged ...
Law Blog - http://blogs.wsj.com/law
6 Aug 7:11 am by Kevin Smith
... be impossible. One of the news reports about the filing of this brief carries the title College Libraries v. J.D. Salinger. It struck me as I read the brief how unfair that tile is. Librarians traditionally have great respect for authors, ... places where the great ideas and expressions of the past are readily accessible to current writers and scholars. Unfortunately, it is Salinger's efforts to use copyright to ban a new book that is incompatible with both the mission of libraries and the purpose ...
Scholarly Communications @ Duke - http://library.duke.edu/blogs/scholcomm
2 Jul 2:28 pm by Mike Madison
Prequel: A Sequel in the Rye J.D. Salinger has persuaded a district court judge to elevate a temporary restraining order to a preliminary injunction in his effort to prevent American audiences from reading 60 Years Later: Coming ... as "parody" under copyright's fair use doctrine because Catcher in the Rye is a parody of itself. The argument seems to go something like this: Salinger himself has occupied the field of parodies of Catcher in the Rye; therefore, no further parody is permitted. (I'm no ...
madisonian.net - http://madisonian.net
15 Jul 5:18 am by Kevin Smith
... , the Judge never really moves past the parody issue, since she focuses entirely on the (critical) use of J.D. Salinger as a character in the new novel. But there are many kinds of transformative uses beyond these two types (which are ... section 107 as examples of fair use in order to evaluate the full scope of possible transformation. A clue that there is a problem with the Salinger ruling is that Judge Batts finds pretty explicitly that no unauthorized sequels would ever be non-infringing, but ...
Scholarly Communications @ Duke - http://library.duke.edu/blogs/scholcomm
7 Jun 5:02 pm by Belle Lettre
... ) and by the peddling of intimate love letters (the most recent, 14 letters by J. D. Salinger, written in the 1970's to his much-younger lover Joyce Maynard, ... succumb to the temptation to read them, we are made guilty voyeurs. The collector who buys Salinger's letters will require, like all voyeurs, a convincing rationalization for his or her ... and more economical in how I express such sentiments. Less "I'd climb the highest mountain," and more "I'd hang out with you." It does feel more authentic ...
Law and Letters - http://lawandletters.blogspot.com/index.html
2 Jun 12:01 pm by Howard Knopf
J. D. Salinger, now 90 years old, sues - again. The remarkably reclusive, litigious and non-prolific (as far we know from publications) writer has sued over the expected publication in the USA of an " ... a good discussion and interview with a NYC copyright lawyer about sequels, parodies, and the possibility of copyright in a character. Here's the complaint. Salinger and Jean Sibelius are examples of creators who enjoyed great success at a relatively early age and became unable or unwilling to ...
Excess Copyright - http://excesscopyright.blogspot.com/
7 Aug 11:50 am by Steven
NYTimes - "The New York Times Company, along with the Associated Press and the Gannett Company and the Tribune Company, the two largest newspaper publishers in the country, have filed an amicus brief in support of the author whose sequel to J.D. Salinger's "Catcher in the Rye" has been indefinitely banned by a federal judge."
Library Stuff - http://www.librarystuff.net
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