Fictional Biography Of Idaho Artist Is 'Fair Use,' Judge Says

BOISE, ID — A fictional biography of a self-taught Idaho artist whose work appears in museums around the world went on sale Tuesday after a federal judge ruled the award-winning children's book author from Oregon who created it 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.

The James Castle Collection and Archive sought a temporary restraining order to halt book sales.

Castle, born in 1899, was deaf from birth and known for creating art with found materials.

By Keith Ridler, Associated Press

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