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Copyright Law

: The Art Law Blog

Salinger Reversal

By Intellectual Property Law, Esq.

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The Second Circuit has vacated and remanded the District Court's decision in the Catcher in the Rye "sequel" case because the lower court applied the wrong preliminary injunction standard. The opinion mostly stays away from the underlying merits, but, near the end (see p. 22), notes, "in the interest of judicial economy," that "there is no reason to disturb the District Court's conclusion ... that Salinger is likely to succeed on the merits of his copyright infringement claim," including that "Defendants are not likely to prevail in their fair use defense."

Full post as published by The Art Law Blog on May 03, 2010 (boomark / email).

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