The "damage" part of it interests me. In general, I believe that derivative works do not lead to lost sales or diversion of sales of the original work. (Indeed, I think in most cases (and especially with fanfiction), there is a good chance of increased sales of the original).
In fact, the derivative works most likely to "damage" sales of the original are those that depart so significantly from the original as to be "transformative."
This particular case does seem to have elements of "passing off", and I wonder if the corresponding legal argument is the one Salinger's lawyers make here...i.e. the attempt to "trade on popularity."
no subject
The "damage" part of it interests me. In general, I believe that derivative works do not lead to lost sales or diversion of sales of the original work. (Indeed, I think in most cases (and especially with fanfiction), there is a good chance of increased sales of the original).
In fact, the derivative works most likely to "damage" sales of the original are those that depart so significantly from the original as to be "transformative."
This particular case does seem to have elements of "passing off", and I wonder if the corresponding legal argument is the one Salinger's lawyers make here...i.e. the attempt to "trade on popularity."