John David California, Author Sued By Salinger, Submits Defense: Parody, Not Ripoff

NEW YORK — An author being sued by J.D. Salinger for copyright infringement is asking a judge to let his book be published.

Attorneys for Fredrik Colting, who writes under the name John David California, submitted a 33-page "defendants' memorandum" Monday in federal court in Manhattan. The papers say that his novel "60 Years Later" is a legally protected commentary and parody of "The Catcher In the Rye," and not an unauthorized sequel _ a "rip off," Salinger has alleged.

Colting's novel tells of a "Mr. C," presumed to be Holden Caulfield as an old man, and of an author named "J.D. Salinger" who contends with his character's enduring fame.

Salinger, 90, has sued Colting, his publisher and his distributor, asking that the book's release _ scheduled this summer _ be halted.

Comments

[pfc1369]

Salinger has been an old crank for at at least 50 years.

What a phoney!

[zannamar]

why? cause he disdains publicity and hasn't written book after book all in the name of the mighty dollar. Give me the snobbishness of quality writing over quantity any day of the week. eg James Patterson(has he even written any of the last 6 books published over the past year?)

[kareemachan]

Why? Because somebody else is taking over his characters and thinks by calling it a "commentary" that it makes it okay for him to do so? If it was my character, I'd do the same thing.

[DocBoon]

Hey publishers­...interes­ted in my brand new, completely original parody, Harry Potter and the Golden Years (make that "Wizard P")? How about The Moon Also Sets, a "parody" with Jake Barnes and Brett Ashley meeting up forty years later? They drink a lot of tea and visit a bingo parlor. How about my "parody," Gatsby, the Early Years? No, wait. I've got it--Bride of the Da Vinci Code! I'm sure Dan Brown will understand that it's just a parody.

[reasonshouldrule]

Parody is by definition based on something else. All your examples, as ridiculous as you've tried to make them, are possible parodies. We here in the U.S. are carrying the plagiarism card too often.

[VTL]

This liar is only calling it a "parody" for the sake of the trial.

He'll lose.

[DocBoon]

I agree that intellectual property rights have gotten out of hand, but that's not the case here. The guy wrote a sequel, not a parody. National Lampoon's Bored of the Rings is a parody. Star Wars VII would be a sequel, and without the permission of the author, it is a clear violation of the author's intellectual property, no matter how well-intentioned the author might be. (This isn't, by the way, and issue of plagiarism. Plagiarism is an altogether different can of worms.)

[jules23]

Ever watched "Saturday Night Live"?

[sirgeek]

And this is the reason why they need to reign in the copyright +90 years crap. No offense but copyrights were meant to allow an author to make a profit for a "limited" time.

Its utter BS that "Steamboat Willie" Micky Mouse is STILL protected.

The way things are now, nothing will ever leave copyright. As soon as the next threashold is approached, it will be extend to life + 120 years.

Now can someone explain how THAT is good for the general population ?

[kareemachan]

Why is it good that some hack is using someone else's character to write what they will? I don't see how that is ANY good for the general population. Baka.

[LegalCat]

Salinger, or his lawyers, should go read the opinion in the "The Wind Done Gone" case, concerning a book that re-told the "Gone With the Wind" story from the POV of Scarlett's mulatto half-sister, the daughter of Scarlett's father and Mammy. That was held to be non-infringing parody, and this doesn't sound any different. And besides, the only reason I ever heard of the book was from all the news reports about the lawsuit; it was fabulous promotion there and it will be fabulous promotion here. The author and the publishers will cry about being sued all the way to the bank.

[zizizzi]

Was "The Wind Done Gone" actually released?
I thought it was not published.­.. I really wanted to read it.
I guess I'll go google it.

IMHO copyright should last no more than 50 years...

[iraeug]

Salinger should sell the movie rights to his great novel ASAP. Or, better yet, how about a Broadway musical.

[zannamar]

why ruin the book with a movie. Use your own imagination to escape. Let me guess you need to read it and would rather watch the movie instead.

[JScott]

JD is still alive?

[pfc1369]

Obviously.

And, btw, he landed at Normandy 65 years ago this June.

[DialectDerelict]

Catcher in the Rye sucked. I couldn't finish it when I was 12- it's stupid as hell.

[christieZ]

Maybe you weren't smart enough at TWELVE to understand it? If I read a book when I was twelve and didn't like it, I'd probably read it again before assuming it was "stupid as hell." Particularly since it's one of the most read books of all time.

[Mrtye]

That's awesome...­reread the the post your bashing. It's obviously a well thought out satirical comment. ...'"stupi­d as hell" I'd imagine good old Holden would have said just that...and he would be waiting to see you just on it. Then he would lambaste you in a excruciatingly long and pointless inner monologue.

[Mrtye]

waiting to see you **jump on it, that is...

[reasonshouldrule]

As an English major, I've deconstructed "Catcher" to death, and in a lot of ways, I agree with DialectDerelict.