Wednesday, June 17, 2009

Holden Caulfield, a Ripe 76, Heads to Court Again; New York Times, 6/17/09

A.G. Sulzberger via New York Times; Holden Caulfield, a Ripe 76, Heads to Court Again:

"The case is one of several in recent years exploring how much license the public has to draw on a classic work. In 2001 the estate of Margaret Mitchell, author of “Gone With the Wind,” sued unsuccessfully to prevent the release of “The Wind Done Gone,” which told the same story from the perspective of a slave. Last year J. K. Rowling, the author of the best-selling Harry Potter books, won a lawsuit over a guidebook to the series called The Harry Potter Lexicon.

This case is really interesting because it really is where copyright runs into First Amendment rights, and it shows the jagged line between them,” said Jennifer Jenkins, director of the Center for the Study of the Public Domain at Duke Law School, who also was part of the legal team that defended the publisher in “The Wind Done Gone” lawsuit.

In examining questions of fair use of copyrighted work, courts have looked at whether a new work transforms the original in a significant way, Ms. Jenkins said, citing a Supreme Court ruling that a legitimate work must add “something new, with a further purpose or different character, altering the first with new expression, meaning or message.”

No comments: