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J d salinger research paper salinger v

Background[ edit ] J.

  1. In my view, it would be totally inconsistent with the craft of biography to omit such materials.
  2. Salinger's upbringing was not unlike that of Holden Caulfield, the Glass children, and many of his other characters.
  3. There has been great interest in the long-term durability of a wide variety of endoscopic eradication therapies that are available today.

Salinger 1919—2010 was an American author whose best-known work is The Catcher in the Ryea novel that had taken him ten years to write and was published in 1951. He was poetry and fiction editor of The Times Literary Supplement and had written a well-received biography of Robert Lowellapproved by the poet's family. Hamilton decided to proceed on his own.

Jd Salinger Research Paper

In his work, Hamilton made extensive use of letters Salinger had written to friends and others such as his neighbor, Judge Learned Handthe novelist Ernest Hemingwayand his British publishers Hamish Hamilton and Roger Machell. The owners of these letters had donated them to the universities of HarvardPrinceton and Texas.

Hamilton was able to read them after signing forms where he agreed not to publish them without consent. In my view, it would be totally inconsistent with the craft of biography to omit such materials. When Random House sent out the uncorrected proofs of the biography to reviewers, Olding got a copy and sent it to Salinger in May 1986. Salinger formally registered his copyright in the letters and told his lawyer to object to publication of the book until all the contents taken from the unpublished letters had been removed.

Hamilton made extensive revisions to his book, replacing many of the quotations from the letters but not all with paraphrased versions.

  • It was even worse;
  • The court then examined the defendant's "fair use" defense under the four standard criteria;
  • Strauch also takes issue with critics who discounted the novel's significance, calling it instead a "masterpiece that moves effortlessly on the colloquial surface and at the same time uncovers, with hypnotic compulsion, a psychological drama of unrelenting terror and final beauty;
  • Salinger, have described as "a power beyond melodrama;
  • By the mid-1950s to the early 1960s a Salinger industry had developed, particularly among younger scholars, who as college instructors identified with their students' concerns, which Salinger expressed so well.

Salinger did not accept that these changes were sufficient. It neither stated nor implied a categorical rule barring fair use of unpublished works.

  1. At one point in his decision, Judge Leval states that he has identified "approximately 30 letters from which Hamilton has taken, either by brief quotation or paraphrase, a few words of copyright protected material. Salinger did not accept that these changes were sufficient.
  2. I almost wished I was dead. Effect on the Market.
  3. Considered "dangerous" because of vulgarity, occultism, violence and sexual content.
  4. His motivation, however, is not to exploit others, but rather a ploy to establish some contact with other people--regardless of how inappropriate that contact may be.
  5. It also contains themes and concerns central to Salinger's work.

Hamilton's use of Salinger's copyrighted material is minimal and insubstantial; it does not exploit or appropriate the literary value of Salinger's letters; it does not diminish the commercial value of Salinger's letters for future publication; it does not impair Salinger's control over first publication of his copyrighted letters or interfere with his exercise of control over his artistic reputation.

However, the court did note that in the May draft of the book Hamilton "was certainly giving himself a generous benefit of the doubt in concluding that the library agreement did not call for permissions. The unfair competition claim was based on cases where Hamilton had prefaced close paraphrases with words like "he writes" or "he states," which allegedly could mislead readers into thinking they were seeing Salinger's own words.

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The district court also rejected these claims. However, the court did accept that Salinger had suffered a privacy invasion, against which copyright law gave no protection. The court noted that the Copyright Act of 1976 had preempted common law as it applied to copyright of unpublished works. Under the Act the copyright owner had the right of first publication and the literary property rights, the rights to the expressive content, although they did not own the facts or ideas contained in the work.

The court found further that with an unpublished work the right to control publication normally insulated the work against "fair use" copying.

J. D. Salinger

The court then examined the defendant's "fair use" defense under the four standard criteria: It concluded that the weight was in favor of Salinger on all but the first.

The court observed that a biographer may copy facts from an unpublished letter without risk but has no inherent right to copy the author's protected expression from such a letter, even as a means of illustrating the author's style.

  • Buddy's "Introduction," Salinger's most experimental piece of fiction, is described by French as a fascinating, "even if not a convincing work;
  • Struck by her innocent beauty, precocity, and native charm, he promises to write a story for her about "squalor.

The court found that the fact of not being published was a critical element of the nature of the copyrighted work. However, the court decided it meant that unpublished works normally had complete protection against any copying of protected expression, which would be a form of first publication without the consent of the copyright owner.

The court quoted a 1929 decision that the protected expression was more than the literal words but also included the "association, presentation, and combination of the ideas and thought which go to make up the [author's] literary composition.

Even short quotes may infringe copyright if they are what "makes the book worth reading.

  • In the spring of 1942, however, he was reclassified and drafted into the army where he served until the end of the war;
  • The breach of contract claim was based on the form agreements that Hamilton signed with the Harvard, Princeton, and University of Texas libraries;
  • Although Salinger's world appears to be completely divided between the exploiters and their victims, a closer understanding of the author's work reveals that he offers responses other than suicide to cruelty, betrayal and hostility--responses that involve spiritual approaches to life;
  • The Color Purple by Alice Walker;
  • The court found further that with an unpublished work the right to control publication normally insulated the work against "fair use" copying.