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''Salinger v. Random House, Inc.'', 811 F.2d 90 (2d Cir. 1987) is a United States case on the application of copyright law to unpublished works. In a case about J.D. Salinger's unpublished letters, the Second Circuit held that the right of an author to control the way in which their work was first published took priority over the right of others to publish extracts or close paraphrases of the work under "fair use". In the case of unpublished letters, the decision was seen as favoring the individual's right to privacy over the public right to information. However, in response to concerns about the implications of this case on scholarship, Congress amended the Copyright Act in 1992 to explicitly allow for fair use in copying unpublished works, adding to 17 U.S.C. 107 the line, "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."〔17 U.S.C. 107.〕 ==Background== J. D. Salinger (1919–2010) was an American author whose best-known work is ''The Catcher in the Rye'', a novel that had taken him ten years to write and was published in 1951. A very private person, at the time the trial began he had spent the last thirty-four years living in the small community of Cornish, New Hampshire, with an unlisted telephone number and a post office box for his mail. Ian Hamilton (1938–2001) was a respected British literary critic and biographer who decided to write a biography of Salinger. He was poetry and fiction editor of ''The Times Literary Supplement'' and had written a well-received biography of Robert Lowell, approved by the poet's family. Hamilton asked Salinger to collaborate on the project but Salinger refused. Hamilton decided to proceed on his own. In his work, Hamilton made extensive use of letters Salinger had written to friends and others such as his neighbor, Judge Learned Hand, the novelist Ernest Hemingway, and his British publishers Hamish Hamilton and Roger Machell. The owners of these letters had donated them to the universities of Harvard, Princeton and Texas. Hamilton was able to read them after signing forms where he agreed not to publish them without consent. Hamilton said, "I regard these letters as a tremendous autobiographical source ... In my view, it would be totally inconsistent with the craft of biography to omit such materials." Hamilton interviewed many people who knew or had known Salinger including Dorothy Olding, his agent. When Random House sent out the uncorrected proofs of the biography to reviewers, Olding got a copy and sent it to Salinger in May 1986. Salinger found from the May draft that his personal letters were held by the libraries, accessible to the public, and the book was quoting them extensively. Salinger formally registered his copyright in the letters and told his lawyer to object to publication of the book until all the contents taken from the unpublished letters had been removed. Hamilton made extensive revisions to his book, replacing many of the quotations from the letters (but not all) with paraphrased versions. Salinger did not accept that these changes were sufficient. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Salinger v. Random House, Inc.」の詳細全文を読む スポンサード リンク
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