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From: Walter_Vatter@hmco.com [mailto:Walter_Vatter@hmco.com]
Sent: Wednesday, April 04, 2001 6:27 PM
To: [removed]
Subject: Houghton reaction to lawsuit

In the spirit of keeping you informed, I am sending you the following information as pertains to Houghton Mifflin's publication (scheduled for June 6) of "The Wind Done Gone" by Alice Randall.

    The Stephens Mitchell Trusts, the copyright owners of the novel "Gone
    With the Wind," have filed a lawsuit against Houghton Mifflin in federal
    court in Atlanta. The suit claims that Houghton Mifflin's publication
    of "The Wind Done Gone" infringes the Mitchell Trusts' copyright in
    "Gone With the Wind," and that Houghton Mifflin's publication and
    promotion of "The Wind Done Gone" falsely implies that the book is
    sponsored or authorized by the Mitchell Trusts. Houghton Mifflin
    disputes these claims, and intends to vigorously defend the lawsuit.

    On Thursday, March 29, a hearing was held before Judge Charles Pannell
    of the Northern District of Georgia on the motion made by the Mitchell
    Trusts to stop the publication of "The Wind Done Gone."

    It is Houghton Mifflin's position that "The Wind Done Gone" is a
    literary parody, not a retelling or sequel, because the references in
    the book to elements of "Gone With the Wind" are intended precisely for
    criticism or ridicule.

    According to Wendy Strothman, executive vice president and publisher of
    Houghton Mifflin's Trade and Reference division: "Houghton Mifflin has
    no plans to withdraw "The Wind Done Gone" by Alice Randall. It is
    unconscionable to deny anyone the right to comment on a book that has
    taken on such mythic status in American culture. There is nothing in
    this book that violates the rights of the Margaret Mitchell estate:
    it is not copyright infringement and we have not described, sold or
    promoted the book as being sanctioned by the Mitchell estate. Alice
    Randall has written a transformative, original work that compels readers
    to rethink how they have viewed an American classic. "The Wind Done
    Gone" is a biting satirical work that turns some well-known stereotypes
    on their heads."

    According to Alice Randall: "Once upon a time in America,
    African–Americans were forbidden by law to learn to read and write. It
    saddens me and breaks my heart there are those who would try to set up
    obstacles for a black woman to tell her story, and the story of her
    people, with words in writing. "Gone With the Wind" has enshrined a
    limited version of American history that continues to exert its power
    over the popular imagination. Part of literacy is responding to
    literature. I felt I had to take on Mitchell's novel directly. My book
    is an antidote to a text that has hurt generations of African-Americans.
    It is not always easy to take the hard, right stand. Houghton Mifflin
    understands what is best about America and the importance of cultural
    dialogue. I am very pleased with the company's support and with how they
    are handling this unfortunate matter."

    At present the court has not ruled on the temporary restraining order
    and has scheduled a hearing on the preliminary injunction for later this
    month.

    Thank you for your interest in this important matter. Court papers are
    available for your inspection. Please let me know if you need any
    additional information. I think this matter will be of interest to your
    readers. I will send you a copy of the bound galley by separate mail.

    Sincerely,
    Walter Vatter
    Senior Publicist
    Houghton Mifflin



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