Comments on: Shloss v. Estate of James Joyce: Settlement http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/ Blog, news, books Tue, 10 Oct 2017 06:01:00 +0000 hourly 1 http://wordpress.org/?v=3.8.2 By: Alisia Gomez http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-47861 Sat, 14 Feb 2015 07:16:00 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-47861 Another amazing example of progression, I am pleased to find it. There are so several developers operating on this area but this is one of the best amazing idea ever. Thanks for talking about it here.
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By: HTTP://www.brinkjewelry.com http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-31104 Mon, 08 Apr 2013 03:37:20 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-31104 Attractive component of content. I simply stumbled upon your site and in accession capital to say that I acquire actually enjoyed account your
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By: Dave http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15374 Wed, 19 Mar 2008 05:47:19 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15374 There is a great streaming video of James Joyce’s “The Boarding House” at the Adam Smith Academy:
http://www.adamsmithacademy.org/The_Boarding_House.html

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By: Dermod Judge http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15373 Mon, 10 Sep 2007 19:58:17 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15373 Some years ago, I tried to get the rights to Joyce’s “Dubliners’ to make a TV series of the short stories, featuring Dublin based actors and each story to be directed by a different Dubliner. My meetings with filmmakers and buyers of TV programming at various maarkets indicated a ready market for such a concept.
Then I aproached the Grandson!
My ears are still ringing from the abuse he poured into them in a phone call from france to South Africa (where I work). My wife wanated to get industrail cleaners in to fumigate the telephone.
Little did I know I was venturing where many more stalwart that I feared to tread.
It’s a great pity that the grandson of the many-times-censored Joyce shpuld himself turn out to be the biggest censor of all.
dermod judge

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By: Chris Newman http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15372 Fri, 27 Apr 2007 16:44:45 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15372 Is it clear in the wake of Medimmune that you can destroy declaratory jurisdiction that easily?

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By: Lessig http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15371 Wed, 25 Apr 2007 05:26:58 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15371 The simplest way for a defendant to get rid of a case like this is to file a covenant not to sue. That would remove any threat w/r/t the plaintiff, and then any grounds for federal jurisdiction. This avoids that, while giving the client more than what the case asked for.

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By: Chris Newman http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15370 Wed, 25 Apr 2007 01:23:52 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15370 If you were sure you’d win, and the point of the enterprise (in addition to helping Ms. Shloss) is to set clear boundaries of fair use, why settle? We need precedent in this area.

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By: Joe http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15369 Thu, 12 Apr 2007 13:47:23 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15369 That is an important victory for academics. Scholars should have much greater freedom in the usage of literature than they currently do.

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By: Ryan http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15368 Fri, 30 Mar 2007 23:28:02 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15368 Yet another copyright battle won that should have never taken place.

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By: PR http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15367 Thu, 29 Mar 2007 23:45:15 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15367 This comment is more of an unrelated query that I’ve been trying to get a response to from someone who knows a bit about the Constitution for some time now: who is responsible for the final version of the 13th Amendment, and why is that person, or persons, unknown today? More pointedly, how did the 13th Amendment happen?

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By: Hoper http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15366 Thu, 29 Mar 2007 08:07:04 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15366 three blind mice’s comments make me want to throw up

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By: ACS http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15365 Wed, 28 Mar 2007 06:10:33 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15365 I agree with the mice on the basis that fair use should be restricted, in an academic context, to copying of only that necesary to “dialogue” the work without devaluing that work. That is a fairly delicate balance to maintain. I dont think, for example, cliffs notes should be allowed to reproduce an entire work and just insert their comments – surely that is making an adaption of the existing work which, if allowed, would displace the exclusive economic rights of the author/copyright owner. For that reason copying verbatim is bad (nice use of language mice).

On the other hand, where an academic makes a statement and seeks to back that statement up with a quote from a work, then that copying should be covered by fair use. I think that is the traditional delineation between fair use and blatant copying.

The academic value of “literary scholars” is something which must be recognised by copyright laws, and is, through fair use provisions, but at the same time we wish to conserve the value in those rights. I think Schloss certainly crossed that line – otherwise the parties would have proceeded to the Court. ;)

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By: anon http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15364 Tue, 27 Mar 2007 13:20:48 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15364 Let’s bring the focus back to what this “scholarly fair-use” dispute is about. Schloss wanted access to private medical records to buttress her theory that Joyce’s daughter, who was institutionalized for mental illness, was really — according to Schloss — a victim of family incest.

Joyce refused Schloss access to the medical records. Compassionate, decent human beings would agree that it is anyone’s right to protect their family from tabloid exploitation. He had no fair-use copyright obligation, nor any other obligation, to cooperate with Schloss by making private records available for her public comment.

And lack of access to these private medical records did not prevent Schloss from publishing her theories, nor quoting from Joyce’s writings. Her book was critically panned. She’s blames that on her lack of evidence. And vindictively turned to the courts to blame Joyce.

CIS saw another opportunity to trump up yet another assault on fair use on twisted grounds. They should be ashamed.

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By: Elsie http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15363 Mon, 26 Mar 2007 12:10:28 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15363 Three blind mice, when a literary scholar quotes material verbatim, one is not simply reproducing the material in total, but rather commenting, analyzing and critiquing the text. Assume that a scholar is analyzing a poem with 20 lines. If a scholar were to be limited to only reproducing five lines, or one quarter of the poem, the scholar’s ability to analyze the structure of complete poem would be compromised. A literary scholar intersperses one’s own comments on the text with the text in order to highlight specific aspects of the text for analysis.

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By: three blind mice http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15362 Mon, 26 Mar 2007 07:33:58 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15362 The work of literary scholars is inherently transformative,” said Carol Shloss, acting professor of English at Stanford. “We take the writing of someone whose work we love and share it with others.”

this is a curious sentence. there is no dispute that “fair use” is intended to permit academic study and comedic parody. the key in both is, of course, transformative creativity.

copying large portions of an authors work verbatim is hardly transformative. “tak[ing] the writing of someone whose work we love and shar[ing] it with others,” as carol schloss remarked, is the work of a publisher, not an academic.

what possible need is there for carol schloss to reproduce even one sentence of anything written by james joyce whose works remain widely available?

We keep our human inheritance alive by making it part of a dialog with our peers, our friends, our students and the generations that follow us. When that dialog is interrupted, when we are squeezed between the aggression of literary estates and the apprehensions of publishers, something very important is lost.

blah blah blah. she sounds as though she got caught with her hand in the cookie jar and she’s trying to defend herself with words about feeding the world’s hungry.

dialogue is good. COPYING is bad. copying is not always plagarism, but it can be just as malignant to academic study.

when the transformative creativity of academics and artists are comprimised by the increasing ability (and apparently acceptance by other academics) to copy verbatim what other minds have already produced something very important is lost. think for yourself, write your own words, and mr. copyright is no one but your friend. when you start worrying about copyright, you should start worrying about your ability for original creativity.

it is a pity that the copyright owner and not the academic community had to bring this pressure. now that a settlement has been reached, is there no one to encourage/enforce academic creativity?

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By: lessig http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15361 Sat, 24 Mar 2007 07:45:41 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15361 Unfortunately, under our system, the only thing we can do is to raise the cost of behaving badly. We’ve committed to defending in any good case. We’re recruiting others to do the same. More will have to await the revolution.

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By: Robert Nagle http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15360 Sat, 24 Mar 2007 06:35:03 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15360 Can individuals trying to exert fair use rights without a team of university attorneys gain any benefit from the outcome of this case?

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By: Brian http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15359 Fri, 23 Mar 2007 15:29:58 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15359 congrats and thanks for all the hard work you put in!

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By: Triona http://www.lessig.org/2007/03/shloss-v-estate-of-james-joyce/#comment-15358 Fri, 23 Mar 2007 11:53:30 +0000 http://lessig.org/blog/2007/03/shloss_v_estate_of_james_joyce.html#comment-15358 I’m sad to hear that the James Joyce estate does not respect the values of the author – I’m sure he’d be turning in his grave

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