Court issues injunction against 'Catcher in the Rye' sequel

By Eriq Gardner

J.D. Salinger has won a temporary injunction against distribution of an author's sequel to "Catcher in the Rye."

Yesterday, U.S. District Judge Deborah Batts ruled that "60 Years Later: Coming Through the Rye" can't be published for ten days as she takes time to review legal arguments. But Judge Batts did indicate her leaning in the case: “It does seem to me that Holden Caulfield is quite delineated by words, that is a portrait by words,” the judge told the lawyers. “It would seem that Holden Caulfield is copyrighted.”

Now that the question of the character's copyright has seemingly been settled, the case becomes a test of fair use — whether the new work is original enough or makes commentary on J.D. Salinger's book.

Marcia Paul of Davis Wright Tremaine, representing Salinger, filed legal papers calling  "60 Years Later" a "rip-off," and she echoed that thought in court by declaring the book "pure commercialism," meant to capitalize on the success of the original.

After talking to some folks in the publishing community, we sense a split of opinion about whether copyright is being effectively exploited in this instance. Some believe that Salinger has every right to pursue a book that pollutes his literary success. Others believe that "60 Years Later" should be allowed to be published, and the appearance of the book could provoke some to go back and check out the original. Some would like the court to treat this as a trademark matter and decide whether the new book dilutes the value of "Catcher in the Rye."

But since this is a copyright case, J.D. Salinger may end up getting what he wants regardless of any real stakes.