Re: Joyce estate copyright dispute

["Michael Carroll" <Carroll@law.villanova.edu>]

No, copyright grants the owner the exclusive right to control 
*some*, not all, copying.  For example, the Berne Convention 
requires that member states make allowance for unauthorized 
quotation.  In the U.S., where Stephen James Joyce has been 
asserting copyright claims aggressively, a greater range of 
unauthorized copying is permitted by fair use.  Fair use 
indirectly takes account of the censorious copyright owner. 
(See the case involving Gone With the Wind.)  Stephen Joyce 
refuses to respect the limits of the copyrights he controls. 
He's acting like a Doberman Pinscher who's jumped the fence of 
his yard and is running loose in a public park.

Best,
MC


Michael W. Carroll
Associate Professor of Law
Villanova University School of Law
Villanova, PA 19085
blog: http://www.carrollogos.org/
Research papers: http://ssrn.com/author=330326
http://law.bepress.com/villanovalwps/

See also www.creativecommons.org