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.

LOADING PDF: If there are any problems, click here to download the file.

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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Itai Maytal | Attorney Advertising

Written by:


Itai Maytal on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.