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D Salinger and 60 Years Later: The Struggle between Copyright and the First Amendment
between Copyright and the First Amendment
J.D Salinger died in January of 2010, but an intellectual property dispute centering on
The legal battle surrounding "The Catcher in the Rye" continues as an unauthorized sequel, published in the UK in May 2009, faced a lawsuit from J.D Salinger's lawyers to prevent its release in the U.S The U.S District Court for the Southern District of New York issued a permanent injunction against the publication, but the author and publisher appealed this decision to the Second Circuit Court of Appeals This appeal received backing from major news organizations, including The New York Times and The Associated Press Although oral arguments were presented in September 2009, a final ruling has yet to be made.
Mr Salinger's strong commitment to protecting his intellectual property rights has often hindered fair use of his works, as exemplified by a website aimed at secondary-level English teachers The site's owner, a devoted fan of The Catcher in the Rye, has limited the use of quotations from the novel due to concerns about potential legal consequences This caution is evident in a section dedicated to the "intrinsic aspects" of the book, highlighting the impact of Salinger's legal stance on educational resources.
The article discusses the intrinsic aspects of the novel, focusing on its internal elements as analyzed by scholars However, it faces a challenge due to J.D Salinger's reluctance to allow quotations from his work, limiting the ability to reference specific examples effectively.
The Wahlbrinck website features a collection of Salinger-related links, including a noteworthy entry about "The Holden Server," which explains its disappearance due to legal issues, making it a site worth exploring despite its broken link Additionally, another link discussing "Salinger and copyright problems" is also non-functional.
Recommended bananafish/Salinger.org subpage for anyone interested in Salinger's insistence on his copyright in connexion [sic] with the internet.”)
J.D Salinger is widely recognized as a staunch defender of his copyright rights, a fact he acknowledges in his court filings, where he describes himself as “fiercely protective of his intellectual property.” He has consistently prohibited any derivative works based on his iconic novel, The Catcher in the Rye, or the character Holden Caulfield, reinforcing his commitment to safeguarding his creative legacy.
J.D Salinger, known for his strict control over his work, filed a lawsuit to prevent the publication of "60 Years Later: Coming through the Rye," a novel written by J.D California that claims to be a sequel to Salinger's classic The story follows Mr C, a 70-year-old man who escapes from a nursing home and reflects on his life while wandering New York City Throughout the narrative, Mr C encounters Salinger’s character, Holden Caulfield, who attempts to eliminate him in various ways Salinger’s complaint argues that this unauthorized sequel infringes on his copyright and the rights associated with Holden Caulfield, the novel's central character.
J.D Salinger retains exclusive rights to create a sequel to The Catcher in the Rye or utilize the character Holden Caulfield in any other work, and he has made a clear decision not to pursue that option.
The complaint emphasizes that "60 Years Later" is a sequel rather than a parody, highlighting the use of the term "sequel" on the front jacket and a descriptive blurb on the back cover that references the character Mr C's return after sixty years Additionally, the brief presents multiple parallels in language and incidents to support this claim.
Fredrik Colting, co-owner of a small press, has addressed the complaint regarding his work "60 Years Later," asserting that it serves as a critical exploration of the complex relationship between the famously reclusive author J.D Salinger and his iconic, ageless character Holden Caulfield.
Fredrik Colting argues that Holden Caulfield, the iconic character from J.D Salinger's work, has become so culturally significant that Salinger has lost control over him Colting emphasizes that his novel should not be labeled as a ‘sequel’ to Salinger’s original, describing this characterization as inaccurate He clarifies that the U.S edition of his book will omit such language, as his intention is not to reveal what happens next to Holden or the other characters Instead, Colting aims for his work to serve as an independent critical exploration of Holden Caulfield.
Holden Caulfield, the relationship between author and his creation, and the life of a particular author as he grows old but seems imprisoned by the literary character he created.
Colting argues that his work, 60 Years Later, is not a sequel to The Catcher in the Rye, emphasizing that he did not copy or appropriate the original text except for essential catchphrases to define Mr C He notes that only three characters from Salinger's novel appear in his book, and their inclusion serves to enhance his critical exploration Furthermore, Colting has developed many original characters that are distinct from Salinger's creations.
“[e]ven more importantly, [his] book includes J.D Salinger himself as the narrator/puppet master of the Mr C character” (Declaration of Fredrik Colting, 10) As one reads 60
Years later, it becomes increasingly evident that Salinger is the central character in the narrative His storytelling technique is characterized by interruptions and shifts, as he experiments with various methods to advance the plot Throughout the book, characters notably appear and vanish, reflecting the dynamic nature of Mr C's experience.
Mr Colting asserts that his work is transformative, utilizing only the necessary elements to examine a premise largely focused on Salinger himself This argument is further reinforced by Robert Spoo, who has been enlisted to aid Colting’s legal team in evaluating the degree of transformation present in the work.
60 Years Later had made “creative and transformative” use of The Catcher in the Rye
(Declaration of Robert Spoo, 1) and by Martha Woodmansee, who describes 60 Years
This work serves as a "meta-commentary" that critically reflects on J.D Salinger and his renowned masterpiece, "Catcher in the Rye." Unlike traditional literary scholarship typically found in academic journals, it presents its insights through an innovative post-modern novel format.
The Ruling of the Second District Court
In June 2009, the Court issued a temporary restraining order against the U.S distribution of "60 Years Later," followed by a preliminary injunction in July Judge Deborah Batts examined whether the work could be classified as a parody or critique, thus qualifying for fair use of J.D Salinger's copyrighted material She determined that the portrayal of an older Holden Caulfield in "60 Years Later" mainly rehashed key themes from "Catcher in the Rye," concluding it was neither parody nor commentary Judge Batts based her decision on the novel's text, its jacket wording, and Mr Colting's public statements labeling the work as a tribute and sequel, noting that the argument for commentary was only presented after the lawsuit was filed.