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Full-Text Articles in Law
Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman
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Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman
Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman
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In 2009, the pseudonymous 'John David California" announced plans for U.S. publication of 6o Years Later: Coming Through the Rye, a "sequel" to JD. Salinger's canonical novel The Catcher in the Rye. Salinger reacted swiftly, bringing a copyright infingement suit to enjoin publication of the new work. The district court granted the injunction, effectively banning U.S. distribution of the sequel and unintentionally illustrating modern copyright law's troubling divergence from the purpose of the constitutional grant of copyright authority to Congress.
Economic analysis demonstrates the tension caused by the repeated, incremental expansion of copyright protections-at some point, the Copyright Act will …