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Settlement reached over ‘Wind’ parody

'Unauthorized' label tagged on by Mitchell estate

Nearly a year after a U.S. appeals court lifted an injunction on “The Wind Done Gone,” Alice Randall’s controversial retelling of “Gone With the Wind,” the Margaret Mitchell estate has settled with Randall’s publisher, Houghton Mifflin.

Under the settlement, “The Wind Done Gone” will continue to be published with the label “An Unauthorized Parody.”

Last year, the estate sought to block publication of the book, arguing that “The Wind Done Gone” was an act of piracy and not a form of parody protected under the First Amendment. Narrated by a mixed-race plantation owner’s daughter said to be the half-sister of Scarlett O’Hara, Randall’s novel borrowed characters and other elements of the original book.

In April 2001, a U.S. District judge ruled that “The Wind Done Gone” infringed on the copyright of “Gone With the Wind,” but Houghton Mifflin appealed the ruling and a range of media groups rallied to its side. One month later, the 11th Circuit Court of Appeals in Atlanta overturned the lower court’s publication ban.

Under the settlement, the two sides “continue to maintain the correctness of their respective legal positions” and reserved rights on future adaptations of the book including movies, miniseries and plays.

The settlement also required that a financial contribution be made to Morehouse College, a historically black college in Georgia.