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Copyright Infringement/Parody Defense

Fredrik Colting's new novel 60 Years Later: Coming Through the Rye (written as John David California) includes J.D. Salinger, author of the classic novel The Catcher in the Rye, as a character. In finding Colting's work wasn't a fair use parody of Catcher in the Rye, the U.S. District Court for the Southern District of New York noted in part: “Defendants' use of Salinger as a character, in order to criticize his reclusive nature and alleged desire to exercise 'iron-clad control over his intellectual property, refusing to allow others to adapt any of his characters or stories in other media,' ' is at most, a tool with which to criticize and comment upon the author, J.D. Salinger, and his supposed idiosyncracies. It does not, however, direct that criticism toward Catcher and [the Salinger novel's central character Holden] Caulfield themselves, and thus is not an example of parody.” Salinger v. Colting, 09 Civ. 5095(DAB). As for Colting's rendering of an elder Holden Caulfield, the Southern District of New York emphasized that “it can be argued that the contrast between Holden's authentic but critical and rebellious nature and his tendency toward depressive alienation is one of the key themes of Catcher. That many readers and critics have apparently idolized Caulfield for the former, despite ' or perhaps because of ' the latter, does not change the fact that those elements were already apparent in Catcher. ' It is hardly parodic to repeat that same exercise in contrast, just because society and the characters have aged.” 


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