In particular, the Stanford Law School Center for Internet and Society’s Fair Use Project, which has successfully defended Lucia Joyce scholar Carol Shloss against venal, vindictive Stephen Joyce, who controls the Joyce Estate, and has blocked her work.
The Stanford scholar who wrote a controversial biography of James Joyce’s daughter has settled her claims for attorneys’ fees against the Joyce Estate for $240,000. The settlement successfully ends a tangled saga that has continued for two decades.
As a result of an earlier settlement reached in 2007, consulting English Professor Carol Loeb Shloss already had achieved the right to domestic online publication of the supportive scholarship the Joyce Estate had forced her to remove from Lucia Joyce: To Dance in the Wake (2003). She also had achieved the right to republish the book in the United States with the expurgated material restored. After that settlement was reached, Shloss asked the court to award the attorneys’ fees and costs she had incurred in bringing her suit, and the court granted that request. The parties eventually settled the amount of the fees and litigation costs Shloss and her counsel were to receive at $240,000.
… Shloss said that the suit is a game-changer because now literary “estates know they can get hurt.”
“They know that scholars have resources now. They just can’t be bullies,” she said. “We’ve established that if you don’t pay attention to the rights of scholars, authors and researchers the copyright laws protect, you might have to pay something as the Joyce Estate has had to pay.”
In a tartly worded Feb. 24 filing to determine attorneys’ fees and costs, Shloss and her legal team argued that “the cost of litigating this case, which was substantial, was a direct result of the Estate’s assiduous and energetic efforts to prevent Shloss from exercising the rights the U.S. copyright laws encourage, and its ‘scorched earth’ approach to litigating the early stages of the case to see if it could bully Shloss into capitulation.”
The whole account is worth reading.
September 29th, 2009 at 1:18AM
Viva Carol Shloss!