Legal Controversy
The estate of Margaret Mitchell sued Randall and her publishing company, Houghton Mifflin, on the grounds that The Wind Done Gone was too similar to Gone with the Wind, thus infringing its copyright. The case attracted numerous comments from leading scholars, authors, and activists, regarding what Mitchell's attitudes would have been and how much The Wind Done Gone copies from its predecessor. After the U.S. Court of Appeals for the Eleventh Circuit vacated an injunction against publishing the book in Suntrust v. Houghton Mifflin (2001), the case was settled in 2002 when Houghton Mifflin agreed to make an unspecified donation to Morehouse College in exchange for Mitchell's estate dropping the litigation.
The cover of the book bears a seal identifying it as "The Unauthorized Parody." It is parody in the broad legal sense: a work that comments on or criticizes a prior work. This characterization was important in the Suntrust case. However, the book is not a comedy, as the term "parody" would imply in its common usage.
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