XML FeedsHolden Caulfield Still the Outsider...Even in Court
By Richard Amada on Aug 21, 2009 | In Literary
Apparently reclusive author, J.D. Salinger, now has more to battle than just the Swedish author he's trying to stop from publishing a new book that utilizes both Salinger's own likeness and that of his most famous character, Holden Caulfield of the novel Catcher in the Rye. He's also got to contend with some heavy hitters in the communications industry.
According to a story on the IP Law & Business web site, the New York Times, the Associated Press, Gannett Company, and the Tribune Company have all filed briefs with the U.S. Court of Appeals for the Second Circuit in which the communications giants sided with the Swedish author's right to publish the new book. To them, it's apparently foremost a First Amendment issue.
Characters typically aren't copyright protected. However, derivative works of a copyrighted creation are protectable. The question here may hinge on whether the new work is transformative enough from the old one to constitute a fair use that skirts the copyright protections of Mr. Salinger.
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