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Peter C. Canfield, best known for his representation of the Atlanta Journal-Constitution, is representing several organizations that object to a federal judge’s publication ban of a “Gone With the Wind” sequel. Canfield, a partner with Dow, Lohnes & Albertson, represents the American Booksellers Foundation for Freedom of Expression, the Freedom to Read Foundation, and the PEN American Center. He filed a brief in defense of Nashville author Alice Randall on April 16 — five days before U.S. District Court Judge Charles A. Pannell Jr. issued a preliminary injunction halting publication and distribution of “The Wind Done Gone.” SunTrust Bank v. Houghton Mifflin, No. 1:01-cv-701 (N.D. Ga April 20, 2001). The brief describes the organizations as “leading members of the community of the book.” While the brief expressly says it makes no judgment as to whether “The Wind Done Gone” is a political parody of “Gone With the Wind,” it objects to a preliminary injunction to prevent publication before adjudication of the case. “Although a preliminary injunction may be appropriate in a garden-variety copyright infringement case, it is not appropriate where the record presents a reasonable basis for concluding that the allegedly infringing work is a parody that may be entitled to protection as a fair use,” Canfield wrote. “This case presents the question of whether ‘The Wind Done Gone’ is a work of piracy or a work of parody. Given the First Amendment’s solicitude for works of social criticism and commentary, the court should refrain from enjoining publication of ‘The Wind Done Gone’ prior to a final determination that it infringes ‘Gone With the Wind’ rather than risk abridging defendant’s First Amendment rights.”

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