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Copyright Protection of Unpublished Works in the Common Law World

Copyright Protection of Unpublished Works in the Common Law World

Author: Patrick Masiyakurima
Publisher: Hart Publishing
ISBN: 9781509955909

Published In: September 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509916962

List Price: HKD 454.87

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Description
Contents

Details

This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement.

The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.

1. Introduction

The Meaning of 'Publication'

A Working Definition of Publication

Argument and Structure

2. A History of the Jurisdictional Bases for Restraining Unauthorised First Publication

Introduction

The Rights of Authors of Unpublished Manuscripts Prior to the Enactment of the Statute of Anne

The Evolution of 'Property' as a Ground for Restraining Unauthorised First Publication

'Breach of Confidence' and 'Breach of Implied Contract' as Additional Jurisdictional Grounds for Restraining Unauthorised First Publication of Manuscripts

Common Law Rights in Unpublished Manuscripts

The Emergence of Breach of Confidence as an Alternative Basis for Preventing Unauthorised First Publication

The Emergence of Implied Contract as a Further Basis for Protecting Unpublished Works

Prince Albert v Strange and the Recognition of the Trio of Jurisdictional Bases for Restraining Unauthorised First Publication

Further Developments

Conclusion

3. The Abrogation of Common Law Protection of Unpublished Works and its Consequences

Introduction

Domestic Pressures for Reform

Further Issues

International Pressures for Reform

Abrogation and its Consequences