The U.S. Second Circuit Court of Appeals listened to arguments regarding Fredik Colting’s book “60 Years Later: Coming Through the Rye”. Three judges heard the discussion.
According to Publisher’s Weekly, Colting listed six arguments why the injunction should be overturned.
1) It was impermissible prior restraint
2) It wrongly presumed irreparable harm without evidence of actual harm
3) It gave extended copyright protection to character Holden Caulfield
4) It erroneously holds that Colting’s book does not comment upon or criticize Salinger’s sufficiently to constitute fair use.
5) By incorrectly rejecting Colting’s fair use defense based on the lack of evidence of harm to Salinger’s potential market.
6) Procedurally, that the District Court failed “to require Plaintiff to post a bond.”
On any one of these if the Court finds for the defendant the ruling is reversed.
But the biggest concern for the court is that the book is still available on the internet, or in Europe for purchase and can be shipped to the United States. There is no date set for when the ruling will come down, but if the injunction is reversed, Salinger my be required to testify.
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