Salinger v. Colting 09-2878-cv

Amici Curiae brief filed on behalf of The New York Times and various other media organizations.


In 2009 Swedish book publisher Fredrik Colting published an unauthorized sequel to The Catcher in the Rye written under the pseudonym J. D. California. California's book was called 60 Years Later: Coming Through the Rye, and appeared to pick up the story of Salinger's protagonist Holden Caulfield. In Salinger's 1951 classic, Caulfield is 17 years old, wandering the streets of New York after being expelled from his private school; the California book features a 76-year-old man, "Mr. C", musing on having escaped his nursing home. J.D. Salinger brought a copyright infringement suit against Colting in the Southern District of New York. District court judge Deborah A. Batts issued an injunction against Colting, which prevented the book from being published within the U.S.[103][104] The book's author filed an appeal on July 23, 2009; it was heard in the Second Circuit Court of Appeals on 3 September 2009. This amicus brief, written by NYT's in-house counsel, George Freeman, and myself, was filed on behalf of various news organizations in opposition to the injunction. The amicus opposition to the injunction was grounded in First Amendment concerns. On April 30, 2010, the Second Circuit vacated the preliminary injunction and remanded the case to the district court for further factual determinations under the fair use and injunctive relief analysis.

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Reference Info:Appellate Brief | Federal, 2nd Circuit, New York | United States

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