Gone With The Injunction

A federal appeals court Friday lifted a lower court's injunction against publication of "The Wind Done Gone," Alice Randall's parody of the Civil War classic "Gone With the Wind."

A three-judge panel of the 11th U.S. Circuit Court of Appeals heard less than an hour's worth of arguments on an appeal by publisher Houghton Mifflin before issuing its ruling.

In a brief order, the judges said the injunction was an "extraordinary and drastic remedy" that "amounts to an unlawful prior restraint in violation of the First Amendment." They promised a more comprehensive opinion later in the day.

Randall and her publisher said they would get the book out within the next few weeks, no later than the end of June. Wendy Strothman, executive vice president of Houghton Mifflin, said the publisher plans an initial run of 25,000 copies.

"I wrote this book for all Americans, both white and black, so they could have a deep, hearty belly laugh" together about the painful period of slavery and the Civil War, Randall said.

"I'm so glad that the court will allow that message to get heard," the Nashville, Tenn., writer said.

Martin Garbus, one of the lawyers for the estate of "Gone With the Wind" author Margaret Mitchell, said he would seek another hearing before the 11th Circuit and would take the case to the Supreme Court if necessary.

"I think the racial issues ... had obscured the copyright issues," he said. "The damage done here is a very substantial one."

Paul Anderson, a trustee of Mitchell's estate, attended the hearing and said he was surprised at the quick ruling. He declined further comment.

U.S. District Judge Charles Pannell issued the injunction against "The Wind Done Gone" last month at the request of the Mitchell estate. Pannell ruled that it violated the copyright of Mitchell's original and was "precisely the kind of work that copyright laws prohibit."

Randall's novel is an account of life at a plantation named "Tata" narrated by the daughter of a black slave woman and the white plantation owner, the half-sister of a character who mirrors Scarlett O'Hara.

Mitchell lawyers argued during Friday's hearing that Randall's characters, scenes, setting and plot were taken directly from "Gone With the Wind" and that she lifted quotes directly from the original.

"It appeals to the market when the readers are hungry to read about these characters. The people who are infatuated with Rhett and Scarlett will gobble any story about them," said Richard Kurnit.

"This injunction has to be held up," he told the judges. "It is shocking to me that they would want this court to usurp the decision. "

Joseph Beck, arguing for Randall and Houghton Mifflin, said Randall did not copy Mitchell's writing but merely gave a new perspective on Mitchell's story.

"`The Wind Done Gone' has told me for the first time how African-Americans read 'Gone With the Wind,'" he said.

He also argued that authors would be inhibited to write parodies if he injunction were not lifted.

The literary community had vilified Anderson and his fellow trustee, T. Hal Clarke, for trying to keep "The Wind Done Gone" from being published. Media companies also came out on the side of Randall and her publisher, calling the case a matter of free speech.

"I'm glad to hear that the injunction was lifted," said historian Arthur Schlesinger Jr., one of many artists and intellectuals who supported the book's publication. "I thought it (`The Wind Done Gone') was a legitimate effort to try and give a different perspective on the story."

Randall noted that the ruling came on May 25, the birthdate of her fictional character. "And today is the day she will be free," she said.

The three-judge panel was made up of 11th Circuit Judges Stanley F. Birch Jr. and Stanley Marcus and visiting 7th Circuit Judge Harlington Wood.

By BARNINI CHAKRABORTY
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