More Joyce
17 April 2007 8:19 amTHE Joyce copyright case rumbles on. Following the settlement agreed last month between Carol Shloss (below), Stanford professor and author, and the Estate of James Joyce, Shloss filed a motion before the US District Court for "award of attorneys' fees and costs".
The US Copyright Act, unlike most other legislation, provides that the court "…may award a reasonable attorney's fee to the prevailing party as part of the costs".
The new motion declares that since Shloss has established her right to publish the material at issue free from copyright liability, the lawsuits which she took "furthered the purposes of not just the Copyright Act, but scholarship and free speech itself".
Therefore, the "Court should award Shloss costs and reasonable attorneys’ fees in an amount according to proof".
Among several arguments put forward by the Shloss legal team is that the Estate of James Joyce have "misused their copyrights for years, have improperly sought to vindicate privacy interests by use of copyrights, have sought to cut off inquiry into literary and historically significant events by the misuse of their copyrights…".
The motion concludes that "the best way to deter the Estate of James Joyce's repeated and unrepentant bad actions is to award attorney’s fees to Shloss".
April 20th, 2007 at 7:29 pm
Hi Fergus,
Great posts on this case. For more information on this most recent stage, have a look at this (Larry Lessig) and this (Stanford Centre for Internet Studies).
Eoin.
May 31st, 2007 at 7:28 pm
Hi Fergus,
Thought you might like to know that there has been a further stage in the Schloss litigation, reinforcing her success; see Another Victory For Carol Shloss.
Eoin.