IP: Ban on 'Gone with the Wind' Parody Overturned

[David Farber <dave () farber net>]

> Date: Fri, 25 May 2001 11:02:22 -0700
> To: farber () linc cis upenn edu
> From: Bob Hinden <hinden () iprg nokia com>
>
> > Ban on 'Gone with the Wind' Parody Overturned
> > <http://dailynews.yahoo.com/h/nm/20010525/ts/arts_wind_dc_2.html>http://dailynews.yahoo.com/h/nm/20010525/ts/arts_wind_dc_2.html
>
>
>
> > Friday May 25 1:19 PM ET
> >
> > Ban on 'Gone with the Wind' Parody Overturned
> >
> >
> >
> > By Karen Jacobs
> >
> > ATLANTA (Reuters) - A U.S. appeals court on Friday overturned a 
> > publication ban on a black writer's apparent parody of the epic novel of 
> > the Old South ``Gone With The Wind,'' written from the point of view of 
> > black slaves instead of Southern aristocrats.
> >
> > A three-judge panel of the 11th U.S. Circuit Court of Appeals 
> > (<http://rd.yahoo.com/DailyNews/manual/*http://search.news.yahoo.com/search/news?p=%22U.S.%20Circuit%20Court%20of%20Appeals%22&c=&n=20&yn=c&c=news>news
> >
> > - 
> > <http://rd.yahoo.com/DailyNews/manual/*http://search.yahoo.com/bin/search?p=U.S.%20Circuit%20Court%20of%20Appeals>web 
> > sites) in Atlanta had been asked by the publisher of Alice Randall's 
> > ''The Wind Done Gone,'' to overturn a lower court ruling in April that 
> > prevented publication of Randall's book due to alleged copyright 
> > infringement of Margaret Mitchell's ``Gone With The Wind.''
> >
> > ``It is manifest that the entry of a preliminary injunction in this 
> > copyright case was an abuse of discretion in that it represents an 
> > unlawful prior restraint in violation of the First Amendment (of the U.S. 
> > Constitution),'' the appeals court said in its ruling.



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