On July 1, Judge Deborah A. Batts of the Southern District of New York issued a widely-reported decision granting a preliminary injunction to famed author J.D. Salinger in connection with a new book, “60 Years Later: Coming Through the Rye,” that claims to be a parody of Mr. Salinger’s 1951 classic “The Catcher in the Rye,” with Mr. Salinger’s alienated teenage protagonist, Holden Caulfield, portrayed as an even more alienated 76-year-old “Mr. C.”
The decision in Salinger v. Colting1 has sparked controversy among bloggers and commentators, some of whom describe it as a censorious departure from settled copyright law.2 But the decision relies almost entirely on defendant-friendly precedent such as the Supreme Court’s Campbell v. Acuff-Rose Music3 and the Eleventh Circuit’s Suntrust Bank v. Houghton-Mifflin Co.4 in which the courts have famously permitted arguably comparable uses.
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