Salinger wins Catcher in the Rye copyright case
New York court blocks U.S. publication of spinoff novel
Last Updated: Thursday, July 2, 2009 | 12:38 PM ET
CBC News
A spinoff of J.D. Salinger's The Catcher in the Rye has been indefinitely banned in the U.S. Salinger, now 90, is shown in a 1951 file photo. (Little, Brown/Associated Press)A federal judge in New York has indefinitely banned publication in the U.S. of a novel based on J.D. Salinger's The Catcher in the Rye because of its substantial similarities to the 1951 classic.
U.S. District Judge Deborah Batts issued her 37-page ruling on Wednesday, after hearing arguments in a lawsuit by the reclusive 90-year-old American novelist against the author of 60 Years Later: Coming Through the Rye, publishers Nicotext and Windupbird Publishing, and SCB Distributors Inc.
Batts concluded 60 Years Later infringed on Salinger's copyright, and she banned its publication, advertisement and distribution in the U.S.
The unauthorized sequel by 33-year-old Swedish author Fredrik Colting, writing under the pseudonym John David California, continues the story of Salinger's beloved hero, Holden Caulfield.
In the spinoff, Colting's character, Mr. C., is now 76. He escapes from a retirement home and has experiences similar to Caulfield's after being thrown out of boarding school.
The book has been published in Britain and was scheduled to come out in the U.S. this summer.
Batts said Colting had "taken well more from Catcher, in both substance and style, than is necessary for the alleged transformative purpose of criticizing Salinger, and his attitudes and behaviour."
She refuted Colting's claim that he wrote the book to critically examine Salinger's famous character, saying it was "problematic and lacking in credibility."
And she rejected arguments that Colting's character was a parody, saying Colting and his publishers made no indication before the lawsuit was filed that the book was meant as a parody or critique of Salinger's work.
Colting told Publishers Weekly he was "pretty shocked" by the ruling and plans to appeal.
While the case could still go to trial, Batts's ruling means Colting's book cannot be published in the U.S. pending resolution of the litigation, which could go on for months or years.
With files from The Associated PressShare Tools
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