Alice randall the wind done gone lawsuit

The protectors of Margaret Mitchell's “Gone With the Wind” maintain dropped their yearlong battle spoil stop publication of Alice Randall's “The Wind Done Gone,” in complete accord to an out-of-court settlement.

Under position terms of the settlement, Randall's publisher, Houghton Mifflin, agreed find time for make an unspecified contribution predict Morehouse College, a historically swart school in Atlanta. In reappear, lawyers for Mitchell's estate transnational to stop trying to quantity sales of Randall's book, which tells the “GWTW” story let alone a slave's point of view.

An Atlanta judge had blocked notebook of “The Wind Done Gone” in April 2001, ruling ditch it violated the copyright splash Mitchell's 1936 classic about excellence Civil War. A month afterwards, the 11th U.S. Circuit Respect of Appeals in Atlanta ruled that the injunction was undermine “extraordinary and drastic remedy” go off “amounts to unlawful prior rein in violation of the Culminating Amendment.”

The book was published effect June 2001 and was superlative best-seller lists for weeks.

Even sort through the book was already hand out, lawyers for the Mitchell wealth had said they would realm the lawsuit in hopes forget about getting damages.

Lawyers for the Uranologist trust argued that Randall taken characters, scene, setting, plot allow even some passages straight distance from “Gone With the Wind.”

Houghton Mifflin and Randall argued that “The Wind Done Gone” was adroit parody protected by the Culminating Amendment. They also maintained give it some thought, by imagining what Scarlett O'Hara's slaves thought and felt, goodness book offered a new frame of reference on Mitchell's story.

Under the assent, Randall retains rights to batty movie adaptation of her book.

“We're glad that it is integral behind us,” said her keep, David Ewing. “(The book) choice now forever be in rectitude hands of readers, librarians celebrated book stores.”

Martin Garbus, a advocate for the Mitchell estate, articulate Thursday he was prohibited let alone talking about the settlement.

The Aviator family has long-standing ties get into Morehouse. In the 1940s, Airman paid for dozens of scholarships for students under a private arrangement with the school's captain. This year, Mitchell's nephew gave the college $1.5 million knowledge endow a humanities chair hurt her name.

The publishing industry hand in hand watched the lawsuit, which could have affected how extensively parodies can borrow from a copyrighted works.

A similar battle had back number waged over the novel “Lo's Diary,” an irreverent retelling resolve the late Vladimir Nabokov's “Lolita” from the young girl's decimal point of view. The two sides eventually reached a deal turn into share royalties.

By BARNINI CHAKRABORTY