Copyright Protection of Unpublished Works in the Common Law World

Patrick Masiyakurima (City, University of London, UK)

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English

Hart Publishing
23 September 2021

Comparative law; Copyright law

This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement.

The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book’s primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to ‘new circumstances’.

By: Patrick Masiyakurima (City University of London UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 340g
ISBN: 9781509955909
ISBN 10: 1509955909
Pages: 240
Publication Date: 23 September 2021
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Patrick Masiyakurima is Senior Lecturer at City, University of London, UK.

Reviews for Copyright Protection of Unpublished Works in the Common Law World

[T]his is an extremely well-researched and argued book, and is a model of legal writing, being always both clearly written and rigorous in its approach ... The book is warmly recommended. -- Charles Oppenheim * European Intellectual Property Review * The book makes a valuable contribution to the scholarship in presenting a balanced analysis of varied interests of authors that are engaged in unpublished works, including privacy and confidentiality. It makes powerful arguments to prevent a colourable use of copyright to protect unpublished works without appropriate justification, and to balance the interests of the authors beyond copyright and those of the public. -- Poorna Mysoor, University of Oxford * Queen Mary Journal of Intellectual Property *