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Case file s183 · Literature and art · 1949
1949
Margaret Mitchell: Margaret Mitchell NYWTS
Margaret Mitchell. New York World-Telegram and the Sun staff photographer: Aumuller, Al, photographer.. Public domain, Wikimedia Commons.
Died
16 August 1949
Place
Atlanta, Georgia · United States
Field
novelist · Literature and writing on the timeline
Legal tradition
US copyright law, Eleventh Circuit; First Amendment · Common law
Historical event
Debates over Confederate memory in the US South
Religion
Margaret Mitchell: Protestant and Anglican (recorded as Converts to Anglicanism from Roman Catholicism on Wikipedia)

Margaret Mitchell's estate sued to stop a novel retelling Gone With the Wind from the view of a slave, and ended up funding a Black college

Mitchell was struck by a car in Atlanta in 1949†. Her copyrights passed to family trusts, administered for her heirs by SunTrust Bank†. In 2001 Houghton Mifflin planned to publish Alice Randall's The Wind Done Gone, which retells Gone With the Wind from the perspective of an enslaved woman. The Mitchell trusts sued. In April 2001 a federal district court blocked publication. In May 2001 the Eleventh Circuit lifted the injunction as an unlawful prior restraint under the First Amendment, and its written opinion of 10 October 2001 treated the book as parody. In May 2002 the parties settled confidentially. The book stayed in print with a label reading "An Unauthorized Parody." At the Mitchell trusts' request, Houghton Mifflin made an unspecified contribution to Morehouse College, a historically Black college in Atlanta. Both sides reserved rights on future adaptations. Gone With the Wind has sold more than 30 million copies†, and the trusts' income has benefited Mitchell's nephews and the Catholic Archdiocese of Atlanta†.

What the law took from it

An estate that sues to block a critical work can lose, and the settlement can end up serving the critic's cause.

Cite as: celebrity.estate, “Margaret Mitchell's estate sued to stop a novel retelling Gone With the Wind from the view of a slave, and ended up funding a Black college,” story s183, https://www.celebrity.estate/margaret-mitchell-1949, updated 30 October 2026.

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