Settlement reached in 'Wind Done Gone' lawsuit
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Posted 7:29PM on Thursday, May 9, 2002
ATLANTA - The protectors of Margaret Mitchell's ``Gone With the Wind'' have reached a settlement in their yearlong battle to stop publication of Alice Randall's ``The Wind Done Gone.'' <br>
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Under the terms of the settlement, Randall's publisher, Houghton Mifflin, has agreed to make an unspecified contribution to Morehouse College. Also Randall's book. <br>
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An Atlanta judge had blocked publication of ``The Wind Done Gone'' in April 2001, ruling that it violated the copyright of Mitchell's 1936 classic. A month later, the 11th U.S. Circuit Court of Appeals in Atlanta ruled that the injunction was ``an extraordinary and drastic remedy'' that ``amounts to unlawful prior restraint in violation of the First Amendment.'' <br>
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The book was published in June 2001 and was on best sellers lists for weeks. <br>
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Lawyers for the Mitchell trust argued that Randall appropriated characters, scene, setting, plot and even some passages straight from ``Gone With the Wind.'' <br>
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Houghton Mifflin and Randall argued that ``The Wind Done Gone'' was a parody protected by the First Amendment. They also maintained that the book offers a new perspective on Mitchell's story by telling the tale from a slave's perspective. <br>
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The publishing industry closely watched the lawsuit, which could have affected how extensively parodies can borrow from a copyrighted works.