On Sun, 4 Nov 2001, Sean Michael Mead wrote: > "Ryan S. Dancey" wrote: > > > > From: woodelf (lists) [mailto:[EMAIL PROTECTED]] > > > > > i'm > > > reasonably certain that a non-parody/satire sequel to a novel is a > > > copyright violation. > > > > In an important case decided just this year, a work titled "The Wind > > Done Gone", a retelling of the Gone with the Wind story from the > > perspective of a black slave was found to be an infringing derivative > > work and surpressed by the court, despite the fact that most of GWTW is > > based on actual historical events (the Civil War), and essentially the > > entire novel "The Wind Done Gone" was new text (in other words, there > > were no bits that were copied from the original). > > > > This case extends the protection afforded by copyright to include the > > >story< being told, not just the actual words of the story. > > I could be wrong, but I believe that the appeals court reversed that > decision.
Yes, just last month. But it was reversed & remanded, not overturned. There never was a full trial on the issues anyway; the District Court issued a preliminary injunction against publication of the novel "The Wind Done Gone". The Appellate Court reversed the preliminary injunction; they did not decide on any issue of copyright violation. Essentially the App. Ct. said that the likelihood of SunTrust (owners of GWTW) winning was not clear-cut as the District Ct. determined (necessary for the injunction) & that even if SunTrust won, monetary damages could be awarded for any violation that resulted from the publication of TWDG at this point. The Appellate decision gives some guidance about issues of "fair-use" & parody that the District Ct. now has to take into account in deciding the case. For those wanting to look it up, the case is SunTrust Bank v. Houghton Mifflin. No. 01-12200, in the 11th Circuit. alec _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://www.opengamingfoundation.org/mailman/listinfo/ogf-l
