Swedish author sued by Salinger asks NYC appeals court to let him publish his book

Author seeks court OK to publish Salinger spinoff

NEW YORK — A Swedish author asked a federal appeals court Thursday to reverse a judge’s ruling and let him publish a book he claims is a commentary on J.D. Salinger’s “The Catcher in the Rye.”

Fredrik Colting was blocked earlier this month from publishing in the United States his novel titled “60 Years Later: Coming Through the Rye.” It was published in England in the spring.

Lawyers for Colting and distributors of his book argued in papers filed with the 2nd U.S. Circuit Court of Appeals that the judge erred in concluding that the book infringed the copyright of Salinger’s classic.

U.S. District Judge Deborah Batts found that Colting had “taken well more from ‘Catcher,’ in both substance and style, than is necessary for the alleged transformative purpose of criticizing Salinger and his attitudes and behavior.”

Colting’s lawyers argued in their appeal that blocking publication that had been planned for September amounted to prior restraint and would cause irreparable damage.

“Banning it, merely because it is presented in what might be a less academic form, not only deprives the defendants of their rights, but also denies the public the opportunity to read this work and to appreciate the new light it sheds on one of the most famous works of American fiction,” they wrote.

Colting, who writes under the name John David California and lives near Gothenburg, Sweden, has said his book is a commentary and parody of Salinger’s novel, not a sequel.

A character called “Mr. C” is presumed to be Holden Caulfield as an old man. It also features an author named “J.D. Salinger” who contends with his character’s enduring fame.

“Colting is not a pirate,” the lawyers wrote. They said the author took “only the minimum amount of copyrighted material necessary to make his criticism and commentary.”

A message for comment left with an attorney for Salinger was not immediately returned.

Salinger, 90, of Cornish, N.H., has remained reclusive for most of his life since “The Catcher in the Rye” was published in 1951. It has sold more than 35 million copies.