A number of appellate decisions have recognized parody as a protected fair use, including both the
Second (
Leibovitz v. Paramount Pictures Corp.) and Ninth Circuits (
Mattel v. Walking Mountain Productions). Most recently,
Suntrust v. Houghton Mifflin, a suit was brought unsuccessfully against the publication of
The Wind Done Gone, which reused many of the characters and situations from
Gone with the Wind, but told the events from the point of view of the slaves rather than the slaveholders. The
Eleventh Circuit, applying
Campbell, recognized that
The Wind Done Gone was a protected parody, and vacated the
district court's injunction against its publication