Copyright Protection of Unpublished Works in the Common Law World

ISBN-13: 9781509916962 / Angielski / Twarda / 2020 / 240 str.

Patrick Masiyakurima

Spis treści

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of the Jurisdictional Bases for Restraining Unauthorised First Publication Introduction The Rights of Authors of Unpublished Manuscripts Prior to the Enactment of the Statute of Anne The Evolution of ‘Property’ as a Ground for Restraining Unauthorised First Publication ‘Breach of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as Additional Jurisdictional Grounds for Restraining Unauthorised First Publication of Manuscripts Common Law Rights in Unpublished Manuscripts The Emergence of Breach of Confidence as an Alternative Basis for Preventing Unauthorised First Publication The Emergence of Implied Contract as a Further Basis for Protecting Unpublished Works Prince Albert v Strange and the Recognition of the Trio of Jurisdictional Bases for Restraining Unauthorised First Publication Further Developments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 The Abrogation of Common Law Protection of Unpublished Works and its Consequences Introduction Domestic Pressures for Reform Further Issues International Pressures for Reform Abrogation and its Consequences 4. The Significance of ‘Publication’ in Contemporary Copyright Law Introduction Qualification for Copyright Protection The Extent of Copyright Protection The Term of Copyright Protection The Availability and Strength of Copyright Exceptions The Remedies for Copyright Infringement Conclusion 5. Justifications for Protection of Unpublished Works Introduction Incentives Labour Desert Personality Expressive Autonomy Privacy Conclusion 6. Persistent Problems Introduction Copyright Exceptions Fair Use Purposive Interpretation The Term of Copyright in Old Unpublished Works 7. Taking Stock