In Salinger v. Random House, Inc., the Second Circuit Court of Appeals implicitly broadened the scope of an author's copyright protection. The author reviews the background doctrines of copyright law and examines their application in recent cases. The author concludes that Salinger and its progeny have caused uncertainty in defining the threshold of copyrightability and asserts three reasons to reverse the court's decision.
Jee Hi Park,
The Chilling Effect of Overprotecting Facutal Narrative Works,
11 Hastings Comm. & Ent.L.J. 75
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol11/iss1/3