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Full-Text Articles in Law
Results-Oriented Jurisprudence: A Second Circuit Panel Meets J. D. Salinger Coming Through The Rye, Kathleen (Kate) M. O'Neill
Results-Oriented Jurisprudence: A Second Circuit Panel Meets J. D. Salinger Coming Through The Rye, Kathleen (Kate) M. O'Neill
Kathleen M. O'Neill
ABSTRACT The Second Circuit’s 2010 decision in Salinger v. Colting has been widely noticed for vacating a preliminary injunction J. D. Salinger obtained against distribution in the U.S. of Fredrik Colting’s novel, 60 YEARS LATER – COMING THROUGH THE RYE. In an opinion by Judge Guido Calabresi, the panel adopted the standard for equitable relief from eBay, Inc. v. MercExchange (U.S. 2006), overruled circuit precedent, and held that henceforth district courts must find, not presume, that irreparable harm is in fact likely before enjoining a copyright defendant’s activities. This is the first article to observe that what the Second Circuit …
The Content Of Their Characters - J.D. Salinger, Holden Caulfield And Fredrik Colting, Kathleen (Kate) M. O'Neill
The Content Of Their Characters - J.D. Salinger, Holden Caulfield And Fredrik Colting, Kathleen (Kate) M. O'Neill
Kathleen M. O'Neill
This paper analyzes J. D. Salinger’s recent suit against Fredrik Colting for infringing Salinger’s copyright in THE CATCHER IN THE RYE and its character Holden Caulfield. The case has been widely noticed because the Second Circuit extended to copyright cases a heightened standard for injunctive relief that requires evidence of irreparable harm. Meanwhile, however, the court’s certainty that Salinger should prevail on the merits has escaped much critique. To begin, I argue that the district court misread Colting’s novel by mistaking his metafiction for a conventional sequel. I suggest two practical litigation strategies to avoid this outcome. Next, I fault …