The Court of Appeals recognized copyright in several characters from Gone with the Wind and found that The Wind Done Gonehad "appropriate[d] numerous characters, settings, and plot twists". However, the court decided that this appropriation was protected under the doctrine of fair use.[1]
This case arguably stands for the principle that the creation and publication of a carefully written parody novel in the United States counts as fair use. In permitting parody without permission, the decision followed the 1994 United States Supreme Court decision in Campbell v. Acuff-Rose Music, Inc. which ruled that 2 Live Crew's unlicensed use of the bass line from Roy Orbison's song "Oh, Pretty Woman" could constitute fair use even though the work was a commercial use, and extended that principle from songs to novels. It is binding precedent in the Eleventh Circuit.
^ abSuntrust Bank v. Houghton Mifflin Co., 268 F.3d 1257 (11th Cir. 2001).
^"Mitchell Estate Settles Gone With the Wind Suit," The New York Times May 10, 2002; Settlement reached over Wind Done Gone, The Associated Press, May 10, 2002.
External linksedit
Text of Suntrust v. Houghton Mifflin Co., 268 F.3d 1257 (11th Cir. 2001) is available from:JustiaOpenJuristGoogle Scholar
Locating Copyright Within the First Amendment Skein by N. W. Netanel 54 Stanford Law Review 101
December 15, 2023
suntrust, bank, houghton, mifflin, 1257, 11th, 2001, case, decided, united, states, court, appeals, eleventh, circuit, against, owner, margaret, mitchell, 1936, novel, gone, with, wind, vacating, injunction, prohibiting, publisher, alice, randall, 2001, parody. Suntrust Bank v Houghton Mifflin Co 268 F 3d 1257 11th Cir 2001 1 was a case decided by the United States Court of Appeals for the Eleventh Circuit against the owner of Margaret Mitchell s 1936 novel Gone with the Wind vacating an injunction prohibiting the publisher of Alice Randall s 2001 parody The Wind Done Gone from distributing the book Suntrust Bank v Houghton Mifflin Co CourtUnited States Court of Appeals for the Eleventh CircuitFull case nameSuntrust Bank as Trustee of the Stephen Mitchell trusts f b o Eugene Muse Mitchell and Joseph Reynolds Mitchell v Houghton Mifflin CompanyDecided10 October 2001Citation s 268 F 3d 1257Case historyPrior history136 F Supp 2d 1357Court membershipJudge s sittingBirch Marcus Wood of the 7th Cir sitting by designation Case opinionsMajorityBirch joined by a unanimous courtConcurrenceMarcusThe Court of Appeals recognized copyright in several characters from Gone with the Wind and found that The Wind Done Gone had appropriate d numerous characters settings and plot twists However the court decided that this appropriation was protected under the doctrine of fair use 1 This case arguably stands for the principle that the creation and publication of a carefully written parody novel in the United States counts as fair use In permitting parody without permission the decision followed the 1994 United States Supreme Court decision in Campbell v Acuff Rose Music Inc which ruled that 2 Live Crew s unlicensed use of the bass line from Roy Orbison s song Oh Pretty Woman could constitute fair use even though the work was a commercial use and extended that principle from songs to novels It is binding precedent in the Eleventh Circuit Mitchell s estate chose to drop the suit after publisher Houghton agreed to make a donation to Morehouse College 2 See also editCopyright protection for fictional charactersReferences edit a b Suntrust Bank v Houghton Mifflin Co 268 F 3d 1257 11th Cir 2001 Mitchell Estate Settles Gone With the Wind Suit The New York Times May 10 2002 Settlement reached over Wind Done Gone The Associated Press May 10 2002 External links editText of Suntrust v Houghton Mifflin Co 268 F 3d 1257 11th Cir 2001 is available from Justia OpenJurist Google Scholar Locating Copyright Within the First Amendment Skein by N W Netanel 54 Stanford Law Review 101 Retrieved from https en wikipedia org w index php title Suntrust Bank v Houghton Mifflin Co amp oldid 1175150375, wikipedia, wiki, book, books, library,
