Jenni Terry; Press Officer, ALA Washington Office
Washington, D.C. — The American Library Association (ALA), the Association of Research Libraries (ARL), the Association of College and Research Libraries (ACRL), The Organization for Transformative Works, and the Right to Write Fund have filed an amicus curiae brief asking the U.S. Court of Appeals for the Second Circuit to reverse the Federal District Court judge’s ruling in Salinger v. Colting.
In July, the District Court ruled in favor of author J.D. Salinger, who claimed that Fredrik Colting, the author of “60 Years Later: Coming Through the Rye,” infringed his copyright on “Catcher in the Rye.” The District Court’s preliminary injunction prohibits the publication and distribution of the book, which the groups believe implicates free speech rights of authors, publishers and the public protected by the First Amendment.
In their “friend of the court” filing, the groups also assert that the judge applied too narrow an interpretation of the “fair use” doctrine, which permits new, transformative works into the marketplace.
A copy of the amicus brief can be found here.