Salinger v. Colting

In a landmark case on copyright injunction standard the U.S. Second Circuit Court in New York has vacated an injunction blocking publication of the novel 60 Years Later by Swedish author Frederick Colting. The Right to Write Fund, which joined the amicus brief filed in this case by lawyers representing law schools at Stanford, University of California at Berkeley, Georgetown, the American Library Association, the New York Times, the Tribune Company and Gannett applauds the court's decision reversing the district court's injunction on Colting's book on the lives of Catcher in the Rye hero Holden Caulfield and the book's author J.D. Salinger. Anthony Falzone, director of the Stanford Fair Use project said the decision "articulates a new injunction standard, noting among other things that a presumption of irreparable harm is improper. Unfortunately the Second Circuit accepted the District Court's findings on the likelihood of success on the merits and agreed defendants are not likely to prevail on their fair use defense at trial.