SunTrust Bank v. Houghton Mifflin Co.
United States Court of Appeals for the Eleventh Circuit
268 F.3d 1257 (11th Cir. 2001)
Relevant factsFree
Houghton Mifflin (defendant) published "The Wind Done Gone" (TWDG), a novel using characters, plot, and major scenes from "Gone with the Wind" (GWTW) to critique that famous book's depiction of slavery in the South. SunTrust Bank (SunTrust) (plaintiff), holder of GWTW's copyright, sued for infringement and won a preliminary injunction from the district court, which Houghton Mifflin appealed.
IssueFree
Whether a book that uses characters, plotlines, and major scenes from a copyrighted work to critique an aspect of that work should be enjoined from publication based on copyright infringement.