This paper discusses in detail the law suit between the estate of Margaret Mitchell, author of "Gone with the Wind" and Alice Randall, author "The Wind Done Gone".
Written in 2002; 2,680 words; 13 sources; $ 80.95
Paper Summary:
The paper describes the books and the law case: Houghton Mifflin had scheduled the publication in June last year when the lawyers of estate ?represented by Sun Trust Bank -- sought for and obtained a preliminary injunction in April stopping its publication charging that Randall violated the Copyright Law by plagiarizing Mitchell's novel and that it was not simply a case of free speech. The author states that advocates of free speech felt that if Randall's book continued to be blocked or stopped, it would have disastrous consequences for other forms of media such as television and radio. (Randall won her case.)
Table of Content
Sun Trust Bank vs. Houghton Mifflin Company
Preliminary Injunction
The Copyright Law
The Novels Compared
Reactions and Support
The First Amendment
Earlier Parodies
Limitations to Copyright
From the Paper:
"Randall argued that she told her story as a political parody written from the viewpoint of Scarlett O?Hara's mulatto half-sister, Tara, and had the right to be published. But the federal judge disagreed and said that her "recitation of so much of the earlier work is overwhelming" and thus, constituted un-authorized sequel. To illustrate his point, Judge Pannell said that, while Mitchell's novel ends without describing what becomes of her leading and tragic character, Randall provides that ending in her work. ?The right to answer those questions and to write a sequel or other derivative work, however, legally belongs to Ms. Mitchell's heirs, not Ms. Randall.?"
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