Judge Refuses to Block Biography on Salinger

NEW YORK â€”  Ruling that publication of an unauthorized biography would not invade his privacy or violate copyright laws, a federal judge here has rejected an attempt by reclusive author J. D. Salinger to block publication of Ian Hamilton’s “J. D. Salinger: A Writing Life.â€�

The book’s scheduled publication in August by Random House had been delayed by Salinger’s contention that the use of personal letters found by Hamilton in university libraries would be an infringement of copyright laws.

On other occasions, the author of “Catcher in the Rye,� “Franny and Zooey� and “Raise High the Roof Beam, Carpenters� has maintained that he does not want a biography published in his lifetime. A resident of rural Vermont, Salinger has been interviewed just twice in the last 33 years.

Not Viewed as ‘Snooping’

However, U.S. District Judge Pierre Leval refused to issue a preliminary injunction against Hamilton, a British writer, and Random House Inc., ruling that “Hamilton’s book cannot be dismissed as an act of commercial voyeurism or snooping into a private being’s private life for commercial gain. It is a serious, well-researched history of a man who through his own literary accomplishments has become a figure of enormous public interest.�

Issued late Wednesday, Leval’s 33-page decision further upheld Hamilton’s right under copyright laws to make fair use of approximately 70 letters written by Salinger to his editors, publishers and close friends, including the late Justice Learned Hand. Most of the letters are on deposit at libraries at Princeton University, the University of Texas and Harvard Law School. Others are held by Salinger’s former British publisher, Hamish Hamilton Ltd., of London.

“(Ian) Hamilton’s use of Salinger’s copyrighted material is minimal and insubstantial,� Leval wrote, and “does not exploit or appropriate the literary value of Salinger’s letters.� Rather, the judge said: “There can be no doubt these passages improve Hamilton’s book . . . . It certainly tells more about Salinger to read his acid quip that anyone who has worked for ‘a good upholsterer’ considers himself qualified to edit a short story anthology than to be told that he resented the presumption of unqualified editors.�

Ruling to Be Appealed

While declining to comment on the substance of the case, Salinger’s attorney, Andrew Boose, said that he and his client intended to appeal Leval’s decision “as quickly as we can.� There was no comment from Salinger.

At Random House, Howard Kaminsky, publisher and chief executive officer, greeted the decision as “an important victory for the First Amendment as well as for scholarship.

No publication date for the Salinger biography has yet been determined.

Hamilton received a $100,000 advance from Random House and a $35,000 advance from British publisher William Heinemann to chronicle Salinger’s life. His 1983 request to Salinger for his cooperation on the book was rejected.