Judge Indefinitely Bans “Coming Through The Rye”

If there is one thing I learned during almost ten years developing feature film scripts, is that there is no such thing as a completely original idea.

Every script I read (well into the thousands) could be seen as being derivative of a pre-existing work.  In fact, if one eliminated every script from Hollywood that was derivative of a pre-existing work there wouldn’t be any screenplays left.

The same can be said for the world of novels.

Unfortunately, one Judge Betts disagrees and has indefinitely banned the wholly original novel “60 Years Later: Coming Through the Rye” which imagines what  Holden Caufield would be like at the age of 76.  While clearly building from the foundations of “A Catcher in the Rye” there is nothing in the new work that is a direct quote or paraphrase from the original.

Judge Betts has rejected the defenses’ argument that the new novel…

…did not violate copyright laws because it amounted to a critical parody that had the effect of transforming the original work.

This is one of the major elements of the “fair use” defense and one that did not strike me as even a bit far-fetched.  Instead, Judge Betts claimed:

“Both narratives are told from the first-person point of view of a sarcastic, often uncouth protagonist who relies heavily on slang, euphemisms and colloquialisms, makes constant digression and asides, refers to readers in the second person, constantly assures the reader that he is being honest and that he is giving them the truth.”    LINK

If that’s enough to ban a this book, I’m sure there is an endless stream of young adult fiction that should certainly be given the same treatment.

Seeing judges ban books is never a good thing.  Seeing a judge ban a book for such flimsy reasons as this is downright frightening.  If her ruling stands, expect to see a long line of similar suits in the near future.

Should Care Bears and My Little Pony Sue Atom.com and Dan Meth?

The extremely talented Dan Meth has made a very funny animated short that imagines what it would be like if the cuddly toys of our childhood were remade into violent action films.

Among the characters used are the Care Bears, My Little Pony and a number of other recognizable copyrighted characters.  Now, logically, this would fall under the “fair use” clause of the copyright laws since Dan Meth actually drew his own versions of these characters and placed them in completely original scenarios.

Funny Videos | Funny Cartoons | More Video Clips

However, look at the J.D. Salinger v. John David California case in which Salinger is claiming that California’s book, an imagining of Cauldin Hauffield as a 76-year-old man, is infringing on his copyright for the character as it exists in “A Catcher in the Rye.”

In both cases, the later artist has taken an existing and well-known character and transplanted a new version of that character into a foreign landscape.  In both cases, it could be argued, that the later artist has used the original character in ways that it’s first creator never intended.  It could even be argued that these new versions could have an effect on how people feel about the original versions.

In both cases, a major reason anyone would be interested in the new work is exactly because it is a reimagining of a well known pre-existing character(s).  Without our original understanding and knowledge of the Care Bears as sickly sweet, plush, pastel bears, Dan Meth’s version of those bears as violent, blood-dripping My Little Pony killers there really wouldn’t be any point to the video at all.

The multi-million dollar question is does this mean that Dan Meth should have to a) get permission from the underlying rights holder prior to making a cartoon like this and b) does he owe that rights holder a percentage of any profits derived from the new work?

Even more complicated is deciding where to draw that line.

Just another example of why our current copyright laws are inadequate both for everyone involved.

J.D. Salinger Misuses Copyright Law to Quash Creativity

J.D. Salinger is really only known for a couple of things.  He is a total recluse and he wrote “A Catcher in the Rye.”  Oh, and he’s is famously litigious when it comes to anyone doing anything with the material contained in that book.

So, along comes a guy with a fun literary idea: let’s take this iconic teenager and look at what his life might be like at the age of 76.  Neat, right? Unless you happen to be J.D. Salinger and then you go crying to the courts that this completely original reimagining is somehow infringing on his 58-year-old novel.

Although the new book, “60 Years Later: Coming Through the Rye,” by J.D. California, a pseudonym for a Swedish writer (and the book’s publisher), Fredrik Colting, was published in the UK, a US court is blocking its release for at least ten days while a judge, seemingly sympathetic to J.D. Salinger’s case, considers her final decision.

Let’s consider why this is so ridiculous:

1) While Colting’s book is clearly, and unabashedly, drawing from the original novel, his story is completely new.

2) Colting’s protagonist is a 76-year-old man. Holdin Cauffield was a teenager.

3) The publication of Colting’s book will only bring fresh interest, and fresh sales, to Salinger’s work, at a time when it feels like he is slowly falling out of favor – fewer teens I know today have read “A Catcher in the Rye,” than when it seemed to be required reading in my youth.

4) Salinger comes off looking like a mean, reactionary kook.  He might actually be just that, but nobody wants others to think so.

It always saddens me to see one artist trying to shut down the creativity of another artist.  I’m sure J.D. Salinger isn’t thrilled by the idea of someone taking one of his literary children out for some fresh air, but liking something is not pre-requirement for its legal existence.

Also, let’s be honest, Colting’s book is out there and anyone who wants to read it will read it, no matter what happens in this single US court.

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• Salinger sues over Rye ’sequel’ (news.bbc.co.uk)