Citing Fair Use, Judge Won't Block Scholastic Book Launch

Law360, New York (October 31, 2017, 7:13 PM EDT) -- An Idaho federal judge on Tuesday refused to block Scholastic Inc. from publishing an "imagined biography" of James Castle, ruling that a copyright lawsuit from the late artist's estate would likely be defeated by the fair use doctrine.

U.S. District Judge B. Lynn Winmill shot down a bid for a temporary restraining order from The James Castle Collection and Archive LP that would have halted the release of "Silent Days, Silent Dreams," an illustrated fictionalization of the life of Castle, a prolific but reclusive artist whose works have only recently become widely recognized decades after his death.

The judge said the...

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