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Lynn Bayard and Nader Hasan Publish Article in The National Law Journal on Parody
August 18, 2009 Full PDF
Litigation partner Lynn Bayard and associate Nader Hasan published an article in the August 17 edition of The National Law Journal which focuses on Salinger v. Colting, the latest decision to put the parody defense to the fair use test. The article, "A Losing Case for the Fair Use Defense," discusses the criteria to be considered in determining whether a work has made fair use of the copyrighted original and how these factors were applied in Salinger. There, the court enjoined the publication of the defendant's work, finding it was not a parody, but an unauthorized sequel to J.D. Salinger's The Catcher in the Rye that failed to satisfy the fair use test.