Salinger v Colting
Ownership & Art
Salinger v Colting
Legal Filings
In June 2009, J.D. Salinger has went to court once again (through surrogates, naturally), this time attempting to prevent the publication of an unauthorized sequel to The Catcher in the Rye; but the case soon took on far-reaching implications concerning the First Amendment and the ownership of art and captibated many because it involved the character of Holden Caulfield..
At the center of Salinger's argument was his claim that he owned Holden Caulfield and that Holden — as a character of fiction as well as a portrayable concept — was inalienable from his legal copyright of The Catcher in the Rye. Any redepiction of Holden's character would indeed be a redefinition - not only of a literary character but perhaps too of a familiar connection with our own adolescence. For many then, the greatest fear was not that Holden Caulfield would be stolen from J.D. Salinger, but that Holden would be stolen from us.
So, who owns Holden Caulfield? Here are two contemporary - and heated - arguments. The first, by Susan Weissman of the Huffington Post, takes a personal view of Holden's character and is expounded upon by author Jack Englehard, whose reverence for Salinger is plain.
Both reflections were in possible reaction to reports like that of Australian journalist Brigid Delaney, whose article (three pages) takes an opposite point of view. Decide for yourself. Below are links to many of the most vital legal documents surrounding the trials — both in District and Appellate Courts. The Appeals decision is yet to be delivered.
June 1, 2009
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July 15, 2009 |
July 1, 2009 |
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| Salinger Complaint Salinger Corporate Disclosure Order to Show Cause Trial Date Ordered Salinger Motion for Injunction |
Declaration of Fredrik Colting Declaration of Edward Rosenthal Defendant Memorandum Defendent Appendix |
Decision of District Court | ||
July 2, 2009 |
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| Colting Appeal to Appellate Court | ||||
July 23, 2009 |
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June 19, 2009 |
Formal Appeal to Appellate Court | |||
June 2, 2009 |
Order of Temporary Injunction Marcia Paul: In Limine Motion |
August 7 , 2009 |
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| Salinger Petition to Court Affadavi of tPhyllis Westberg Affadavit of Marcia Paul |
Amicus Brief (Media Corporations) | |||
June 22, 2009 |
August 13, 2009 |
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| Colting Memorandum Brief | Salinger Appeal Brief | |||
| April 30, 2010 | ||||
| Appeals Court Decision |