This Is America... Why Are We Banning Books?
from the good-questions dept
Last month we wrote about how a district court banned the publication of a so-called "sequel" (written by another author) to JD Salinger's Catcher in the Rye. I had a lot of trouble with this ruling, which seemed to be a complete assault on the basics of free speech and a total misreading of copyright law. The book itself is not a copy, but something entirely new. Whether or not it's any good (and some of the reviews say it's not), it is a new creative work -- the exact type of thing that copyright was supposed to encourage. It's good to see a lot of other folks are quite concerned about this ruling as well, and the Fair Use Project at Stanford has teamed up with some other universities to file an amicus brief on behalf of the American Library Association and some other library associations, who are reasonably concerned about the free speech implications of banning the publication of a book such as this one.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: catcher in the rye, copyright, creativity, free speech, jd salinger, sequels
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Making it sound close...
How close does a story have to be in order for it to be considered 'close'?
And suing is moronic anyway. Having a sequel to an old book would make me want to read the first one even more if the second one was good. I've never had to read 'Catcher in the Rye' and up until now the name was "out of sight, out of mind".
Heck, didn't the LDS church make their own 'sequel' to the Holy Bible? And do we see churces suing them for doing it? No.... well... not yet anyway.
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No, it isn't entirely new, or there wouldn't be a discussion. It uses the character(s) of the original book, plus all the setup from the original book to situate and define those character(s).
It isn't entirely new, it's just the continuing adventures of Holden. If the book was written with different character names, would it be the same book? Nope, because the author would have to first establish all about Holden. Quite a different story when you look at it that way.
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Pfft
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there's your end of.
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Re:
The Harry Potter books could EASILY be seen as a sequel to that movie, where his family gets killed and he gets whisked off to Hogwarts.
Because there's a character name that's the same, they both speak in English and use some of the same words (like "the", "uh", and "and") and mannerisms (like standing around like a loaf while stuff happens around him) the set-up from the movie is loosely similar to the book, so it's obvious that JK Rawling owes her entire fortune to ripping off an '80s horror movie and creating a series of "sequels".
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Yes, but what if it was bad? (as is the case here) It's quite convenient of you to ignore the other side of the coin -- that is, a possible negative association. Which of those two scenarios do you regard as more likely? or to simplify it further, what percentage of fan fiction do you think is worth reading? Or more bluntly, what percentage of fan fiction DOESN'T make you want to bludgeon yourself to death with a Kindle after reading the first few paragraphs?
Freetopia proponents often point to handful of baroque composers hundreds of years since dead, Danger Mouse, and Girl Talk as examples. What they never seem to realize is that their examples are infinitesimal and is thus not sufficient to demand what they are demanding.
But I digress, better to just leave logic out of it...lets do away with copyright altogether, throw the professionals to the wolves in favor worldwide cesspool of fan-fiction amateurism. I've got a great idea for a SCHINDLER'S LIST/SPONGEBOB SQUAREPANTS mashup!
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what you just said is like saying that fan fiction, moding a computer, rebuilding a car and the sort are all illegal and we should be sued for them?
its all the same building off of one persons base to create a different and sometimes better structure.
no book should ever be banned no matter what the context of the issue. it is a violation of free speech and freedom of press
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people have the memory of goldfish
-G.
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Re:
You can't expect anyone here to hold off discussion on a nearly 60 yr old book. Ancient history =/= spoiler.
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All these things happen constantly in books. The only difference I see is.. this author had the balls to call his book a sequel, instead of a transformative re-work of the original. Doesn't make it wrong, just makes it more likely to suck unless done very very well because the author limits himself to those characters and the situation from the original book as a back drop. And with something like Catcher in the Rye, which is taught all over the place and seen by so many eyes.. he's bound to flub something up.
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Re: Pfft
Would I be moved by the loss of either? No. Are they stealing? No.
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Book Banning
The Philip José Farmer River World books are a good example of using other fictional characters in your own material. As long as it is clear that the character is being used out of the original context or is a parody then copyright is not an issue. On the face of it the plot of Sixty Years Later does seem to fall into the parody category.
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As long as the author doesn't present the book as an official sequel when it's not, there's no problem. If it's no good, it'll do no good.
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Re: SCHINDLER'S LIST/SPONGEBOB SQUAREPANTS mashup!
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The Incomplete Lawsuit
As an author myself I know that NO character is EVER original. Being a good writer means being good at covering up your theft. Strong copyright will only be used to impound and milk all "new" literature to an even greater degree.
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It won't stop anything anyway
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Re:
Copyright, as you should know if you are going to step in on a debate like this, covers the expression of an idea, not the idea itself. Whether J. D. Salinger likes it or not (and I fail to see why he wouldn't) the character of Holden Caulfield has become a widespread phenomenon - he's impacted slang, Catcher has become standard reading in many high schools, and so on. The character of Holden Caulfield is an IDEA, and Salinger will forever be remembered and loved for having created that idea, but he has NO right to tell other people that they cannot explore the idea as well. In my understanding he has no right legally, and in my opinion he has no right morally either.
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Re:
Anyway, it was incredible, and I read it after this whole Catcher thing began, so the whole time I was thinking how awful it would be if authors with such marvelous imaginations had to be worried about publishing their stories.
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Re: Pfft
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Re: Making it sound close...
Um...I don't believe you can copyright the word of God, can you? Even if they aren't "facts"
(oops, I blasphemed again!)
CBMHB
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Re: Pfft
Nobody owns ideas.
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Re:
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Re: Spoiler
His famous "dog" impersonation gets his sister raped by a gang of PETA activists
and Old Man McGilvary sells his soul to the devil in order to get Holden out of prison and onto the rope-a-dope circuit, where he inevitably runs into the PETA activists and wastes them Carrie-Style.
Sorry Man, had to spoil it.
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Re: people have the memory of goldfish
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Re: Re: Making it sound close...
Of course suing may not have been much worse.
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Next up
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WOW, one of the few times I agree
Dirivitive works like this being blocked is one of the pit falls of Copyright. As a kid I wrote lots of short stories that were all based on works of other authors. I would never have been able to learn to write English if it wasn't for those short stories.
Author's have the right to protect their work, but they shouldn't be able to block other author's from building onto their stories. At the same time though just rewriting a story using different wording should still be protected.
If I was a published Author, I would be flattered by someone else continuing my story. At the same time I am sure I would be irate if all they did was to re-write my story though.
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Re: Book Banning
IIRC, River World et al. used actual people, not their characters, but that is a distinction without a difference, IMHO. By my guesstimate, if the current copyright standards were in place, Farmer would have been free to use Twain/Clemens but NOT Tom Sawyer.
Twain would have loved that, by the way. So if you'll excuse me, I need to write some slashfic about Twain and Voltaire meeting de Sade. There will be blood...
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Score one for sensationalist titles.
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America
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Disappointing
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Re: Disappointing
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It isn't entirely new, it's just the continuing adventures of Holden. If the book was written with different character names, would it be the same book? Nope, because the author would have to first establish all about Holden. Quite a different story when you look at it that way."
So Homer's estate should have been able to stop Aeschylus from writing the Oresteia? or Euripides and Sophocles from writing their respective plays about Elektra?
Yes, that would have made things much better.
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Re:
http://www.naturalnews.com/026675_DRM_Big_Brother_Amazoncom.html
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Indeed. It's yet another example of TechDirt hyperbolic pandering that would be funny were it not so depressing.
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Re:
Excellent work!
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And, this group is actually citing the Pentagon Papers in its amicus brief? Um, right. Those were government documents (public owned) that Nixon wanted to withhold for national security, and not anything even distantly related to copyright.
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Why thank you!
:)
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Re:
Publishing without distribution is meaningless. Since it's much more difficult that way for a work to become widespread.
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Re: Re: Disappointing
P.s. Drunk Irish bastard (Marcus Carab, re: Pfft) - exactly the point
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Congress has also outlawed old books
"...It’s hard to believe, but true: under a law Congress passed last year aimed at regulating hazards in children’s products, the federal government has now advised that children’s books published before 1985 should not be considered safe and may in many cases be unlawful to sell or distribute...."
http://city-journal.org/2009/eon0212wo.html
From instapundit linked to Megan McArdle linked to above
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Re: Making it sound close...
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If you own the copyright in a work, part of that includes the *exclusive* right to make (or license others to make) derivative works. Derivative works include sequels, movies, trivia books, and so on. This is the reason you can't go out and publish your magnum opus Harry Potter 8: Harry Potter and the Magical Windshield. It's the reason you can get sued if you make your own James Bond movie.
All this is well-settled law, not controversial at all. It was not caused by Obama and it is not a sign of the coming book-burning apocalypse.
[Note: The Gone With the Wind sequel, The Wind Done Gone, was allowed to be published because it fell under a fair use exception to the ordinary rule. It was a parody/criticism of, rather than a strict continuation of, the original.]
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Re:
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