Copyright Law | Expert Legal Commentary
September 11, 2009
Salinger v. Colting: Too Much Borrowing, Not Enough Transforming to Constitute Fair Use
Salinger v. Colting
By
Olivier A. Taillieu and Jeffrey J. Zuber of Zuber & Taillieu
When the U.S. District Court for the Southern District of New York enjoined the sale of a book billed as a sequel to “Catcher in the Rye” (written by a different author), it found that the purported sequel heavily infringed on the original’s copyright. In Salinger v. Colting, ___ F. Supp. 2d ___, 2009 WL 1916354, No. 09 Civ. 5095 (S.D.N.Y. July 1, 2009), the Court rejected the sequel author’s claims of fair use, finding that the new book borrowed too heavily from the original without sufficient commentary, criticism, parody or other transformative effect to qualify for fair use protection. The case makes it clear that merely claiming fair use or parody will not suffice to protect unrestricted copying.
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About the Authors
Olivier A. Taillieu is a Partner of Zuber & Taillieu, focusing on intellectual property litigation and arbitration.
Jeffrey J. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/PaoloFrangiolli
