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[personal profile] elf2009-12-12 11:08 pm

Salinger v. Colting: Final ruling

Salinger Copyright Ruling, complete text: 8400 words

LINK TO ORIGINAL: http://online.wsj.com/public/resources/documents/20090701salinger.pdf
(Searchable PDF w/bookmarks & Word document also available on request. Email me.)

Salinger v Colting header )

Plaintiff J.D. Salinger brings suit against Defendants Fredrik Colting, writing under the name John David California, Windupbird Publishing Ltd., Nicotext A.B., and ABP, Inc., doing business as SCB Distributors Inc., alleging claims for Copyright Infringement and common law Unfair Competition. Plaintiff alleges that Defendants' novel, 60 Years Later; Coming Through the Rye (hereinafter "60 Years"), is a derivative work of his novel, The Catcher in the Rye (hereinafter "Catcher"), and that the character of Mr. C from 60 Years, is an infringement on his character, Holden Caulfield, from Catcher.

Plaintiff now moves for a preliminary injunction preventing Defendants from publishing, advertising, or otherwise distributing 60 Years in the United States of America during the pendency of this suit. For the following reasons, a preliminary injunction is GRANTED.
I. Introduction )
II. Discussion A. The Preliminary Injunction Standard )
B. The Fair Use Doctrine )
C. Applying the Four Factor Analysis to 60 Years )
III. Conclusion )

Footnotes )