Stanford sue Joyce

Stanford Center for Internet and Society’s Fair Use Project has filed a law suit against Stephen Joyce, James Joyce's grandson.

"Stephen is Joyce’s only living descendant, and since the mid-nineteen-eighties he has effectively controlled the Joyce estate. Scholars must ask his permission to quote sizable passages or to reproduce manuscript pages from those works of Joyce’s that remain under copyright—including “Ulysses” and “Finnegans Wake”—as well as from more than three thousand letters and several dozen unpublished manuscript fragments...

Over the years, the relationship between Stephen Joyce and the Joyceans has gone from awkwardly symbiotic to plainly dysfunctional. In 1988, he took offense at the epilogue to Brenda Maddox’s “Nora,” a biography of Joyce’s wife, which described the decades that Joyce’s schizophrenic daughter, Lucia, spent in a mental asylum. Although the book had already been printed in galleys, Maddox, fearing a legal battle, offered to delete the section; the agreement she signed with Stephen also enjoined her descendants from publishing the material. Shortly afterward, at a Bloomsday symposium in Venice, Stephen announced that he had destroyed all the letters that his aunt Lucia had written to him and his wife. He added that he had done the same with postcards and a telegram sent to Lucia by Samuel Beckett, with whom she had pursued a relationship in the late nineteen-twenties...

Stephen has also attempted to impede the publication of dozens of scholarly works on James Joyce. He rejects nearly every request to quote from unpublished letters. Last year, he told a prominent Joyce scholar that he was no longer granting permissions to quote from any of Joyce’s writings. (The scholar, fearing retribution, declined to be named in this article.) Stephen’s primary motive has been to put a halt to work that, in his view, either violates his family’s privacy or exceeds the bounds of reputable scholarship...

More than a dozen Joyce scholars told me that what was once an area of exploration and discovery now resembles an embattled outpost of copyright law...

Yet, for the first time, a Joycean is fighting to free herself from Stephen’s control. In 2002, Stephen learned that Carol Loeb Shloss, an English professor at Stanford, was about to publish “Lucia Joyce: To Dance in the Wake,” a life of his mentally ill aunt. Stephen wrote to Shloss, implying that he might sue if she quoted from copyrighted material. He pressured her publisher, Farrar, Straus & Giroux, which asked Shloss to cut many quotations. An expurgated version of the book was published in December, 2003.

In the midst of her fight with Stephen, Shloss met Lawrence Lessig, a law professor at Stanford, who was willing to take on her case pro bono. Lessig had just argued before the Supreme Court against Congress’s 1998 extension of copyright. He had lost the case, but he was eager to find another way to show that distended copyright laws were not in the public interest. Shloss gave him the correspondence that Stephen had sent her over the years, and he was excited by what he read. “The letters were extreme,” he recalled.

This week, to coincide with Bloomsday celebrations, Lessig plans to file a suit against Stephen Joyce in United States District Court. He believes that it is the first to accuse a literary estate of “copyright misuse”; the charge is usually levelled against corporations in patent disputes. "

Interesting article. Well worth reading in full, especially if you're an IP geek.