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Professor Wins $240K In Fair Use Dispute
pickens writes "In a victory for Fair Use, Stanford Law School's Fair Use Project has announced that the estate of 20th century literary giant James Joyce, author of the landmark novel Ulysses, has agreed to pay $240,000 in attorneys' fees to Stanford University Consulting Professor Carol Shloss and her counsel in connection with Shloss's lawsuit to establish her right to use copyrighted material in her scholarship on the literary work of James Joyce. When Shloss used copyrighted materials in her biography of Joyce's daughter Lucia, titled Lucia Joyce: To Dance in the Wake, she had to excise a substantial amount of source material from the book in response to threats from the Joyce Estate. However following publication of the book, Shloss sued the Estate to establish her right to publish the excised material. The parties reached a settlement regarding the issue in 2007, permitting the publication of the copyrighted material in the US. Following the settlement, Shloss asked the Court to order the Estate to pay attorneys' fees of more than $400,000. She has now agreed to accept an immediate payment of $240,000 in return for the dismissal of the Estate's appeal. 'This case shows there are solutions to the problem Carol Shloss faced other than simple capitulation,' says Fair Use Project Executive Director Anthony Falzone, who led the litigation team."
When Shloss used copyrighted materials in her biography of Joyce's daughter Lucia, titled Lucia Joyce: To Dance in the Wake, she had to excise a substantial amount of source material from the book in response to threats from the Joyce Estate.
Copyright was used to get the material out of the book but was that the motive? I know little of Lucia Joyce despite being a big fan of James Joyce. And a lot of what was in the New Yorker's well written lengthy article was news to me. At the bottom of the second page they state that Carol Shloss believes Lucia's insanity and mental instability was mishandled or even cruelly worsened by many actions. And that as Joyce worked tirelessly to finish Finnegan's Wake, he had to rely on others and institutions to take care of his delicate daughter. Shloss concludes that Lucia was a price paid for one of the greatest books written. And then the interesting part:
But, as Shloss tells it, the silencing of Lucia went further than that. Her story was erased. After Joyce's death, many of his friends and relatives, in order to cover over this sad (and reputation-beclouding) episode, destroyed Lucia's letters, together with Joyce's letters to and about her. Shloss says that Giorgio's son, Stephen Joyce, actually removed letters from a public collection in the National Library of Ireland. When Brenda Maddox's biography of Nora was in galleys, Maddox was required to delete her epilogue on Lucia in return for permission to quote various Joyce materials.
Shloss claims go so far as to state that Lucia was a pioneering artist squashed and erased from history by her relatives. The New Yorker sounds dubious to Shloss' claims and she has little evidence. It's possible that the Joyce Estate would rather keep Lucia under wraps and un-speculated about ... and the only route they had to suppress this work was copyright. I do not think censorship is copyright's intended use and that may very well be why this case failed. Although it's often misused like this, this in no way seems to have any motivation to protect the original copyright holder and their designated livelihood from their art.
Would you think less of Joyce if you agreed that he sacrificed the mental stability and well being of his daughter to complete a novel? Would you think less of him if it was confirmed that he had contracted syphilis or that that is what caused him to go blind? Or that he wrote dirty letters to his wife? All these things may or may not be true. James Joyce was very human and I think this may be a case of his estate attempting to keep private matters about his daughter Lucia private.
My work here is dung.
This case shows there are solutions to the problem Carol Shloss faced other than simple capitulation
Yes - the solution is to be lucky enough to find a lawyer that's willing allow their bill to get up to $400,000 but settle for $240,000 just so they can fight a legal battle that shouldn't be in front of the courts anyways. Almost half a million to fight a battle in which she was obviously right? It's wrong that that fight occurred at all... Thank goodness her lawyer was willing to go the distance.
Not everyone is eager to expand upon academic study of Joyce, however; Stephen Joyce, James' grandson and sole beneficiary owner of the estate, has been alleged to have destroyed some of the writer's correspondence,[49] threatened to sue if public readings were held during Bloomsday,[50] and blocked adaptations he felt were 'inappropriate'.[51] On 12 June 2006, Carol Schloss, a Stanford University professor, sued the estate and prevailed for refusing to give permission to use material about Joyce and his daughter on the professor's website.
I have no public comment other than I guess this is what the current copyright laws have brought us and I'm not sure if this is what the founders had in mind.
It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
Yes, there are solutions. If you can afford to put out $400k in lawyers fees upfront, and then only receive $240k of that back for a $160k loss.
'This case shows there are solutions to the problem Carol Shloss faced other than simple capitulation,' says Fair Use Project Executive Director Anthony Falzone, who led the litigation team."
Yes, a solution that takes years to go through and costs hundreds of thousands of dollars. That's a great solution, if you're a lawyer.
Not a typewriter
I've always insisted that copyright should end with the death of the original author. This pretty much proves my point. He's DEAD... at this point, no amount of protection of his work is going to encourage him to produce more! His heirs should go out and get a real job instead of trying to live off his reputation.
I've abandoned my search for truth; now I'm just looking for some useful delusions.
For the ignorant, Ulysses is about a day in the life of Dublin as seen through the eyes of a Jewish advertising salesman (Leopold Bloom) and the young James Joyce (Stephen Dedalus). It covers everything from the red light area through to the literary and medical world around Trinity College. You have to learn a bit about Ireland in the early 20th Century to understand it. It helps to have a copy of Harry Blamires' Bloomsday Book if you aren't up on Irish history and the geography of Dublin. Ulysses is written in perfectly good English without made up words, in different literary styles (part of it is a play) loosely organised on the return of Ulysses from the Trojan War. Bloom is Ulysses, Dedalus is Telemachus, Molly Bloom is Penelope and the IRA doesn't get a very good Press. Real people walk in and out of the plot. And that's as much of a spoiler as I'm prepared to divulge.
As I say, people will read Tolkien or fiction set in Ancient Rome and yet can't be bothered to spend the time - in bits, if necessary - to get to know Ulysses. But it's one of the greatest works in English of the 20th century, and if you don't try, it's your loss. Finnegans Wake (note no apostrophe) is another matter. Personally I believe the syphilis story, but also I suspect that Joyce was schizophrenic and as he got older it got more out of control. I think it's a failed experiment.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
The reader's list makes me want to bash my skull against a wall.
Probably exactly what you'd need to do to become an Objectivist Scientologist.