Chapter Three: Amicus Briefs Filed in “Catcher In The Rye” Case

I blogged here and here regarding the recent case brought by author J.D. Salinger for copyright infringement against the writer, publisher and distributor of a sequel to "Catcher In The Rye" entitled "60 Years Later: Coming Through the Rye."

Although Mr. Salinger won in the district court when the Judge held Mr. Salinger was likely to succeed on a claim of copyright infringement, an appeal has since been filed along with “Friends of the Court” Amicus Briefs.

The Amicus Briefs filed by the American Library Association (here),

The New York Times Company (here), and

Public Citizen, Inc. (here), all argue to the court that the district court erred in its decision. 

The briefs are worth the read for the depth of case law cited. 

The primary focus of the briefs filed by the American Library Association and The New York Times Company is the concern that First Amendment rights of authors/creators/readers are being narrowed and that an unduly restrictive fair use standard was applied.

In comparison, the Public Citizen brief’s primary focus is the concern the district court extended copyright to “ideas” and has blurred the line between the idea/expression dichotomy.

Agree or disagree, this case is one to watch and to read the court filings. 

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