Appeals Court Suspends Injunction on "Sequel" To 'Catcher In The Rye

The New York Times reports that the 2nd U.S. Circuit Count of Appeals in New York ruled on Friday that the Swedish author of a unauthorized alleged "squel" to 'The Catcher in the Rye' could get the green light to publish.

In July of last year, a U.S. district court in New York City placed an injunction on the U.S. publication of Swedish author Fredrik Colting's "60 Years Later: Coming Through the Rye," which he wrote under th pseudonym "J. D. California." Lawyers for Salinger (who passed away in January) claimed the similarities in the book (such as with the novel's tragic hero "Mr. C") were in every way reminiscent of Salinger's original story of Holden Caufield and therefor a copyright infringement.  They were successful in presenting their case and an injunction was placed on the publication of Colting's book.

Lawyers for Colting appealed, however, claimed that the injunction was a violation of free speech, and likened the scenario to the previous eBay, INc. vs. Merch Exchange Inc. case, in which a four tiered test had to be implemented in order to conclude whether a patent was jepordized before an injunction was allowed to be issued.

Said Colting of the injunction at the time: "call me an ignorant Swede, but the last thing I thought possible in the U.S. was that you banned books."

The court of appeals in the Salinger case has ruled that a similar four-part test be conducted before the injunction is valid, giving potential new life to Colting's book. 

'60 Years Later: Coming Through The Rye' has already been published in Europe. 

J.D. Salinger who penned 'Catcher In The Rye' in 1951 was notoriously protective of his writing. Salinger died in January at the age of 91. 'Catcher In The Rye' at times has been one of the most often banned books in the U.S.

To read the court's official ruling Click Here.