Author
Date
Description
Copyright estates have been unduly empowered by the extension of the term of copyright
protection in Europe, the United States, Australia and elsewhere. The Estate of the Irish
novelist, James Joyce, has been particularly aggressive in policing his revived copyrights.
The "keepers of the flame" have relied upon threats of legal action to discourage the
production of derivative works based upon the canonical texts of the novelist. The Estate has
also jealously guarded the reputation of the author by vetoing the use of his work in various
scholarly productions. Most radically of all, the grandson Stephen Joyce threatened to take
legal action to prevent the staging of "Rejoyce Dublin 2004", a festival celebrating the
centenary of Bloomsday. In response, the Irish Parliament rushed through emergency
legislation, entitled the Copyright and Related Rights (Amendment) Act 2004 (Ireland) to
safeguard the celebrations. The legislation clarified that a person could place literary and
artistic works on public exhibition, without breaching the copyright vested in such cultural
texts. Arguably, though, the ad hoc legislation passed by the Irish Parliament is inadequate.
The Estate of James Joyce remains free to exercise its suite of economic and moral rights to
control the use and adaptation of works of the Irish novelist. It is contended that copyright
law needs to be revised to promote the interests of libraries and other cultural institutions.
Most notably, the defence of fair dealing should be expanded to allow for the transformative
use of copyright works, particularly in respect of adaptations and derived works. There
should be greater scope for compulsory licensing and crown acquisition of revived
copyrights.
GUID
oai:openresearch-repository.anu.edu.au:10440/25
Handle
Identifier
oai:openresearch-repository.anu.edu.au:10440/25
Identifiers
SCRIPT-ed 2.3 (2005): 345-389
1744-2567
http://hdl.handle.net/10440/25
http://digitalcollections.anu.edu.au/handle/10440/25
10.2966/scrip.020305.345
https://openresearch-repository.anu.edu.au/bitstream/10440/25/3/Rimmer_Bloomsday.pdf.jpg
Publication Date
Rights
Titles
Bloomsday: copyright estates and cultural festivals
Type