Attorneys for the Margaret Mitchell estate have decided to press ahead with a full trial in their attempt to prove The Wind Done Gone infringed the copyright of Gone with the Wind. The lawyers are hopeful that live testimony could sway the trial judge; earlier this month, an appeals court ruled that Done was a parody and thus protected under the terms of fair use. The estate's lawyers will attempt to unravel the parody defense.
Lead attorney Martin Garbus told PW, "We believe we have enough proof that [the decision to go to trial] won't just be symbolic." Garbus said he is prepared to take the case to the Supreme Court if necessary. It's been eight years since the high court looked at parody, and the term "needs a re-definition," Garbus said.
