Portrait of the Artist as a Litigant

by Vault Law Editors | September 30, 2009

  • My Vault

Unlike Molly (“yes I said yes I will Yes”) Bloom, the James Joyce estate, with a history of zealousness in protecting its copyrights, tends to say “NO.”  For example, the aforementioned Bloom soliloquy was originally directly quoted in the Kate Bush song "The Sensual World," but had to be rewritten because the Joyce estate refused permission. However, as The National Law Journal reports this morning, the estate has conceded its loss to Stanford professor Carol Schloss in a ‘fair use’ battle.

Shloss, who was trying to write a book about Joyce’s daughter, filed a lawsuit in federal district court against the estate in order to establish her right to use some copyrighted material.  After three years of legal wrangling, the estate to pay $240,000 of the legal costs incurred by Schloss, who proclaimed "This is a breakthrough for all scholars."

Schloss was represented by Stanford Law School's Center for Internet and Society's "Fair Use Project" which aims "to provide legal support to a range of projects designed to clarify, and extend, the boundaries of 'fair use' in order to enhance creative freedom."

                                -posted by brian



Filed Under: Law

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