Salinger Estate, Swedish Author End Lawsuit Over "Catcher in the Rye" Sequel

Galley Cat reports that the estate of J. D. Salinger, the famously reclusive author of The Catcher in the Rye who died last January, has settled its lawsuit against Swedish author and publisher Fredrik Colting over the right to publish a satirical and “unauthorized” sequel entitled 60 Years Later: Coming Through the Rye.

Colting is not permitted to publish or distributed the book in any form in the United States or Canada until Catcher enters the public domain. Colting is permitted to publish the book in other international territories, though.

The settlement also prohibits Colting from using “Coming Through the Rye” in the title and also bars him from discussing Salinger, The Catcher in the Rye, or his legal battles.

For some background, in Salinger’s lawsuit against Colting, the United States District Court  for the Southern District of New York granted Salinger’s motion for a preliminary injunction against Colting’s publication of his sequel and held that it was not a parody of the original and therefore not a fair use protected by copyright law. Salinger v. Colting, 641 F.Supp.2d 250 (S.D.N.Y. 2009).

But Colting appealed to the United States Court of Appeals for the Second Circuit, which held  last year that the district court had misapplied the standard for the issuance of a preliminary injunction against Colting. However, the Second Circuit agreed with the district court that Salinger was likely to prevail in his copyright infringement claim and that as a result, Colting would be unlikely to prevail on his fair use defense. Salinger v. Colting, 607 F.3d 68 (2nd Cir. 2010).

Here is Publisher Weekly‘s version of the parties’ dispute, which has a few more details than Galley Cat’s. As reflected by Colting’s quote, the settlement  — which is confidential — ends the litigation between the parties.

BTW, neither your eyes nor your computer screen is playing tricks on you. I’ve been reading, and enjoying, Typography for Lawyers by Matthew Butterick, and decided to try some of his suggestions for a more appealing visual presentation, including adjusting the font color.

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