Judge OKs sales of children’s book focusing on Idaho artist
BOISE, Idaho (AP) — A fictional biography for children of a self-taught Idaho artist whose work appears in museums around the world went on sale Tuesday after a federal judge ruled the author likely didn’t violate copyright laws.
U.S. District Court Judge B. Lynn Winmill on Monday ruled that Allen Say’s “Silent Days, Silent Dreams” is not likely to infringe on James Castle’s work because it falls within fair legal use for purposes such as teaching or scholarship.
About 28 of the 150 illustrations in the children’s book are Say’s copies of Castle’s art, Winmill notes.
The Idaho-based James Castle Collection and Archive sought a temporary restraining order to halt book sales because it hadn’t given Say permission to use Castle’s art. But Winmill denied the request, saying Say and publisher Scholastic Inc. would likely prevail on the merits of the case, which remains active.