For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Thursday, 15 June 2006

JAMES JUMPS; REGISTRY ROCKS


No joy for Joyce scholar

Stanford professor Carol Shloss is suing the estate of James Joyce in the US under copyright laws, according to the Contra Costa Times. Shloss, a Joyce scholar, wishes to use copyright material on her Joyce-related website and argues that the Joyce estate has abused copyright in order to prevent her from providing scholarly comment on Joyce and his work. She is also arguing that the trustees of the Joyce estate have destroyed materials in their care.

While the IPKat thinks that it’s highly unfortunate if Joycean papers have been destroyed, he can’t see what copyright law could do to stop this. The copyright defences allow defendants to escape infringement actions, they do not give a positive right to access physical materials which are protected by copyright.


Coming up in the Registry

The IPKat has spotted hearings involving oppositions to the registration of the following marks in the UK Trade Marks Registry:

* Have a Break
* Hotelsrus
* Wheels ‘R’ Us
* Small Claims R Us
* Budweiser

Full hearings diary here

1 comment:

The IP Dog said...

"The copyright defences allow defendants to escape infringement actions, they do not give a positive right to access physical materials which are protected by copyright."

Ah yes - but in the UK compare s.296ZE CDPA 88 which provides that where an ETM prevent permitted acts, you can obtain a remedy by issuing a notice of complaint to the Secretary of State who can direct the owner of the copyright work to make it available.

A weapon (after a fashion) against the digital lockup. Can't wait for someone to have a go under this section!!!

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