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2006 Why Public Performances of 's Works Are Not a Thing of the Past Robert Spoo

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Recommended Citation 20 James Joyce Lit. Supp. 2-3 (2006).

This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Articles, Chapters in Books and Other Contributions to Scholarly Works by an authorized administrator of TU Law Digital Commons. For more information, please contact [email protected]. • PAGEl JAMES JOYCE LITERARY SUPPLEMENT SPRING 1006 • Why Public Performances of James Joyce's Works Are'Not a Thing·ofthe Past

~v Robert Spoo

encounter. Certainly, a live reading of adaptation of such a work, does no.t constitute QI\ HERE HAVE BEEN OROWINO CONCERN and ala university orconferencciAthe United States, infringement of the copyright in the work if a sufficient confusion in recent years ewer wheIher (or which the panicipanlS rec:eM no paymenl or ac:knowledgemeDt or the work is made." Copyright Act TnollClOmmcrciaJ. public performances of James honoraria, and for which the conference organizers or of 1968. § 45. "Sumc:ient acknowledgement" means "an Joyce's copyrighted writings may take place without hosting .institution dl8rge5 no direct or indirect acknowledgement identifying the work by its title or aUlhorization of the Joyce Eslatc. By a "nollClOmmercial admission and receives no direct or indirect commercial other description and .•. also identiJYing the author ..." per(onnance" I mean, for example, the Rind of public or advantage, and which is not broadcist or othenvisc Jd. § 10. semi·pubIic: n:ading or UIys.ru in its emirety or in transmitted, would fit comfor1ab1y within the Section At a minimum, the Canadian and Australian excerpted fonn, by live participants, that we have come 1l0(4)(A) exemption. Section 110(4) contains no exemptions permit a public penormanc:e in those to associate with Bloomsday and other Joyce c:vcnts. restrictions on how much ofthe work may be perfonned; c:ountries by a person, through reading or recitation. of a The following disc;ussjon clemonstJates that public a work may be performed in its entirety under this n:asonable e.WacI. from any published, copyrighted work performances of copyrighted Joyce \Yorks are permitted, provision if it othernUC complies with the requirements. by James Joyce. Neither provision expressly n:quires thai without authorization or the copyright owner, under the the performancc or the reasonable C.'CIract be conduc:ted U.S. Copyright Ad, so long as those performances are 1. Nonprofit Pedonnances for Which Admlssloll for a nonprofit purpose; nor do the provisions or "noncommcrciaJ" or Mnonprofit" within the meaning of Is Charged applicable case law make cI~r what a kn:asonable the SlatUle. In addition, the copyright laws of CaIiada. Another panofthesameprovisioll createsaslighdy extra\:l" would be, though unauthorized performances of Australia, the United Kingdom. and the Republic of different exemption for the public performance of "a lengthy e.~c:ts should probably be avoided. Ireland also pennit IIIIa1Ithorized public perfClJ'l\18llQ:l DC nonclramatic literaty' or music:aJ -':~ than as copyrighted works, though sometimes in mon: limited a transmission 10 the public, without any purpose of %. The United Kingdom ways than IInder the man: expansive ~Cfitptions orU.S. direct or indirect commercial advantage and withoul In the United Kingdom (including Northcin copyright ~. Please IIOlc that I am !jol ~ng here paymenl of any rc:c. or other compensation for the Ireland), all ofJoya: '$ \yorks. published and unpublishc:il. classroom or other traditional educational uses of performance to any of its perfonJ!efS, promoters, or are currently protc:Cled by copyright. Although works copyrighted works, whic:haretrealed underseparate legal 0Tg1UIizcIs, if • . . tlie JlIIlC:=Is. after deducting the pu~lished during his lifetime 'Yen: brieOy in the: public provisions. Also note that the· following is a general n:asonable costs of producing the perfonna~ an: used domain there during the early 19905. the U.K. 's discussion of the law and is not intended as legal advice. exclusively for educational, religious, or c:haritable implementation in 1995 ora European Union Directive purposes and not ror private financial gain . . ." 17 on copyright harl!\onization brought all lifetime­ Public Pcrfonnances of Copyrighted Works In the U.S.C. § 110(4)(8). Here, the same JUles apply as in Ihe published worts by Joyce back into copyright as of 1996. United States Sc:aion II 0(4)(A) C.'Cemplion, c:xc:epllhal, ifadmission is The copyrights in lifc:lime-published editions of The U.S. Copyright Ad.. COIItains specific c:barged. any prqcc:eds after deduction of Costs must be Joyce's \yorks will last until "the endof,he period of 711 exemptions concerning public performances of used exclusfvely for a nonprofit purpose. suc:h as charity, years from the end of the calendar year in whic:h (Joyce cOpyrighted works. First, it shoald be noted that U.S. education. or religion. died)." StatutoI)' Instrument 1995. No. 3297 (amending copyright law governs only public pcrfbnnanc:es. Private Sc:aion 110(4)(8) contains an additional Iwist: the Copyright, Designs and Palc:nts Ad. 1988 (c. 48), § performances can never be infringing. 17 U.S.C. § copyright owner has a veto power over such a 12(1». As wilh Canada and Australia. a dilTerenl 101(1). To perfonn a \Vork Mpublicly" II\CiIns to perfonn performance if the owner -has served notice of objection copyright duration applies 10 works by Joyce published it Mat a place open 10 the public .or at al;\)' pIac:e where a to the perfonnancc" in a signed writing upon the person after his death. Copyright in posthumous works endures substantial number of persons outsidc.o.fl!normal cirde. responsible for the perfonnance -at least seyen days for fifty years after Ihe end or the year in which the work of a family and its social acquaintances is gathered." Id. before the date onhe performance, - stating ~ reasons was first published. CDPA, Schedule 1 § 12(2)(8). This means that a reading of UIy;ae.r at a theater open to (orthe objection" and complying withotber requirements B«ause lifetimc:-published editions of loyce's the public or at a Joyce conference al1ended by numerous established by ihe Register of Copyrights. 17 U.S.C. § works we~ among diose public~omain works whose scholars and students \\lIIIld mostlikelv be considered a IIO(4)(B)(i)o{iii). Thus, the copyright owner can sctthe copyrights \\'CI'C -n:vjvc:d" :in the United Kingdom in public perrormance. On the other ha·nd. a reading or conditions ror a nonprofil perfonnance for Which 1996. they a~ subjc:c:t to special provisions applicable to U~t=e.• among a few Joyc:eans gathered privately ror a admission is charged. Dnd tan even YClO lhe perfonmmcc: -revived copyrights." TIIC:SC: special provisions l.'Cllemlly stucly group would probably not involve 1hc: -substantial c:nti~ly if he or she wishes. . ravor the public and aspiring users'and were adopted to number of persons" required for a public performance. It The upshot of all this is lhat the co~ Bloomsday' mitigate the re-imposition of copyrighl control on works is a· public performance. however, to -uansmit" a 1ype adivity to which we ha\'C become ac:c:ustomed-the that had previously been availab.le for common usc, TIle performance to the: public by means of a doscd-c:irc:uit ROlICOmmen:ial, live, collc:c:tive reading of loyce's most imponant among these: for present purposes is a c:bannel, a radio or television broadc:asl, Internet writings in public or scmi-public settings (not broadc:ast, Mcompulsory lic:ensc:" exemption which provides that streaming. or the Uk/d. § 101(2). strcamed. or othenvisc transmilledHs lawful in the "any adS restricted by the (revived) copyright shall be If a copyrighted work is publicly perfonned in the United States under U.S. COJI)'righl law. withoutlhe Joyce treated as licensed by the copyright owner~subjec:t only United States withOut authorization of the: copyright Estate's pennission. to the payment of such reasonable royalty or other OW1Ier, the performer could be fGUlld to have infringed remuneration as may be agreed or dctennined in default copyright, unless one: of the following Slatutoty Public Performances of Copyrighted Works In oragn:c:ment by ~ Copyright TribunaL" 51 1995, No. exemptions applies to that performance. I Certain Non.ll.S. Countries 3297, § 24(1). What this means is that public performances !If I. Nonp""tt Performances for Whldi No AdnIlssIlIII I. Canada aad ADJlraJia lifc:lime-published editions or Joyc:e~s \vorks, inc:ludin" bChaqed Edilions of lames Joyce's works pub~ during U'-f. can be: given in the Ullited Kingdom wilhcut The U.S. Copyright Ad. tn:afes· a specific his lifetime are in the public domain in Canada and peimission, as long as a "reasonable royalty or other exemption for the public perfOnnatlCC of"a IlOtIdramatic AustJalia, where copyrisl!t lasts for the author's life plus remuneration" is paid to the Joyce Estate. If no literaJyor music:aJ work otherwise than asa transmission fifty years. Can. Copyright Act, RS. 1985, c. C-42, § 6; agrec:ment can be reached between the user and the 10 the public, withont any puJ'JIIR of direct or indirect AusL Copyright Act of 1968, § 33(2). There is no legal copyright holder; the UK's CopyAght Tribunal will commercial advantage and without payment orany fee: or impediment whatsoever 10 unauthorized public determine the fee or royalty. There arc: special provisions other compensation for the performaace to any of its performances of these ,yorks in Canada and Australia.' e.'qIlaining how a pany may apply to the TriblJlllll for perforiners.. promoters, or cirganizers, if ..• there is 119 A different copyright duration applies to works by setdemenl of any disagreement over a n:asonable fee: or dirc:d or indirect admission charge. ... 17 U.S.C. § Joyce published after Ills death, suc:h as Giacomo Joya royalty. 110(4)(1.). To qualify, theperfonnanceinust(l)begiven (published in 1968) or· the iAllt!n of JORIU Joyce To take advantage ofthe compulsol)' license: for usc directly by a IWe performer or p¢onners and not (published serially in 19S7 and 1966). For such of revived works. the user Mmust give n:asonable notice transmitted to the public by broadcast orothermcans; (2) "jJoslhumous works," copyright lasts for fifty years of his intention to the copyright owner. Slating when he involve a nondramatic literal)' work (suc:II as a readiq (Canada) or seventy years (AustndiII) nom the year of intends to begin to do the acts." SI 1995, No. 3297. § from U(_~ or Giacomo Joya, but not ) or a first publication. RS. 1985, c. C-42, § 7(1); Copyright 24(2).lf.no suc:II advance notice is given, the user'S Macts musical work; (3) have no purpose: of direct or indirect Ad. of 1968, § 33(3), as amended by the U.S.-Australia shall not be treated as licensed, " but rather as ads subjec;t commercial advantage; (4) lnvoM no payment ora fee: Free Trade Agrec:ment (Jan. 1.2005). to liability for infringemc:nt.ld. § 24(3). If proper notice or other compensation for the performance to the per. Even though copyright may subsist in posthumous is given, however. the user's acts -shall be treated. as fonner(s); and (5) requin: no direct or indirec:t admission Joyce \YOrks, Canadian and Australian \aws contllin Iic:c:nsed and II reasonable royalty or otIler remune:rallo~ cbaJp (suc:h as tickets paid for in IIdvp~ or at the exemptions for certain public performances of published, shall be payable" to the copyright owner, Mdcspite the rap theater door, requestS that an audienCe make \'Olontal)' copyrighted works. Under Canadian Jaw. "(i)t is not an that its llmount is not agreed to or detenninc:d unt!1 Mdonations" 10 c:owr the costs of a perfom.alic:e; or. mon: infringement of copyright ... for any person to read or later." Jd § 24(4). This means that the user, after indirectly, charging general admission to'an event wllere recite in public II reasonable e.'ttract from a published providing reasonable notice of when the usc will begin pan of the admission charge will offset or go to the work." RS. 19H5, c. C-42, § 32.2(l)(d). Similarly, (three months in advancc would be -n:asonable"), may planned performance). Australian law provides that ")t)he n:ading or recitation go ahead with the planned usc and walt until later to Thisexemplioacovas many of the public readings in public. . . of an extraCl of n:asonab1e length from a complete any negotiations with the copyright owneror to from Joyce's worU that we Joyceans ordinarily published literary or dramatic work, or from an apply to the Tn~ for settlement of a dispute. • SPRING 2006 JAMES JOYCE LITERARY SUPPLEMENT PAGEl.

The compulsory license provision' applies only to and Related Rights Act, 2000, § 24(1); see also id. ,.First • description and,identifYing the aufhor : .." ld. § 51(3}; revived works, not to works whose copyrights were never Schedule to CRRA, Part I, § 9 .. see also id. § 2. • . revived because they had never expired in the United The Republic ofIreland, like the United Kiugdom, -Attorney, Doerner, Saunders, Kingdom, such as . However, a separate implemented the EU Directive. on copyright Daniel & Anderson~' L.L.P. provision of'the UK copyright law applies to the public hanuonization, effective as of 1996. Although Joyce's Adjunct Professor of English and Law, perfonuance there of any copyrighted work, revived or major works were among those public-domain works that University of Tulsa not: "The reading or recitation in public by one person of were "revived" in the Irish RepUblic in 1996, they do not a reasonable .extract from al'ublished literary or dramatic benefit, as do their counterparts in fhe United Kingdom, \. This article does not address the possibility that work does not infringe copyright in the work if it is from any "compulsory license" in favor of general users. a given public perfonuance of a copyrighted work in the acco.mpanied by a sufficient acknowiedegment." CDPA Thus, the unaufhorized use of any work ofJames Joyce in United' States might be a: "fair use" under 17 U.S.c. § § 59(1). This eXemption. would appear to apply to a the Republic oflreland could expose the user to copyright \07. It should be borne in mind thalfair use applies to reading or recitation from any copyrighted literary work . liability .. some, but not all, nonprofit uses of copyrighted works. (such as Ulysses) or dramatic work (such as Exiles) so Like that of the United Kingdom, however, fhe . 2. The U.S. public performance exemptions would . long as the extract is "reasonable" in length and the . 'copyright law of the Republic of Ireland has carVed out not be necessary for performances of a work that is in fhe authorship is "sufficient[ly] acknowledge[ d]." ."Sufficient an exemption for public performances of the type public domain in the U fiited States, such as the 1922· acknowledgement" .means . "an . acknowledgement" Joyceans sometimes engage in: "The reading or recitation Paris first edition of Ulysses. See Robert Spoo, identifYing the work in qnestion by its title or other in.public·by one person of any reasonable extract from a "Copyright Protectionism and its Discontents: The Case description, and identifying the anthor ..." ld.. § 178. literary or dramatic work which has been lawfully made ofJames Joyce's U/yss?sin America," Yale Law Journal, available to fhepublic, where accompanied by a sufficient vol. 108 (December 1998),633-67. l. The Republic of Ireland acknowledegment, shall not infriUge fhe copyright in the 3 .. As a re~ultof a Free Trade Agreement wifh the The copyright situation with respect to the Irish work." CRRA § 90(1). Like its UK counterpart, this United States, Australia recently increased its copyright Repnblic is similar to that regarding the United exemption appears to apply to a reading or recitation tenu to seventy' years after the death of the author. This Kingdom, with a few importaot differences. In the Irish from any published, copyrighted literary work (such as ;lmendment applies only to works still in copyright, Republic, the copyrights in Joyce's lifetime-published Ulysses) or dramatic work.(such.as Exiles) as loug as fhe however, and does not revive copyright in works, such as works, such as Ulysses; as well as in posthumously extract is "reasonable" in length and. the aufhorship is Joyce'slifetime"published works, which had already published works will last until "70 years after the death "sufficient[ly] acknowledge[d]." "Sufficient entered the public domain in Australia. of [Joyce], irrespective of the date on which the work is acknowledgement" means "an acknowledgement first lawfully made available to the public." Copyright idenwYing the work concerned by its title or 'ofher

The University at Buffalo Cinematographic Joyce JAMES JOYCE Libraries Special International Workshop Collections Fellowships 2006 LITERARY SUPPLEMENT Ziirich, August 6-12 HE UNIVERSITY AT BUFFALO VOLUME 20, NUMBER 1, SPRING 2006 Humanities Institute, ill' collaboration HEAREARANGESFROMCinematographic T. with the University at Buffalo Libraries, tecluriques in J oyee via possible filin is offering three fellowships' for visiting Treferences in Finnegans< Wake all the FOUNDING EDITOR scholars and gradUate students working on way to Joyce's interest in and impact on-the BERNARD BENSTOCK their dissertations to \lse the University at Cinema (or possibly fhe fheatre). As always, Buffalo Libraries' outstand4tg Special we want a full week of stimulating EDITORS Collections, . which include, among others, interaction. Participants will chose a pe.rtinent ZACK BOWEN and PATRICK A. McCARTHY The .poetry Collection, The University. topic and present _their findings in a free and Archives and The University's 20,000 volume open.form so as to set up lively discussions. MANAGING EDITORS Rare Book Collection. Formal written papers are vehemently AMANDA TUCKER, Managing Editor - The fellowships provide stipends of up to discouraged. CHRISTOPHER DeVAULT, Assistant Editor $4,000 to cover the cost of fellows' travel to Those who focus on comparing Joyce to a Buffalo and acc0mIll0dation and expenses speCIfic film should bring the documentation COOPERATING EDITORS during fhe time offheir stay. Io addition to the along in video or DVD form. The Foundation SHARI BENSTOCK, MORRIS BElA, FRITZ SENN stipend, fellows will receive library and has fhe two films on Ulysses (Strick and parking privileges at UB ·and are invited to . Walsh), 'Strick's Portrait, Huston's , The James Joyce Literary Supplement is published twi~ yearly, Spring and Fall, by participate in arty Hwnanities Institute events as well asfhe old FW adaptation by· Mary theUniversity of Miami, Department of English, Graduate Program. IJLS that occur during the tUne of their visit. Fell­ Ellen Bute. . publishesreviews of books on James.Joyce and, occasionally, his contemporaries. ows ate expected to gIve one public lecture_on The workshop can include up to twenty . Review copies should be sent to The Editor, James Joyce Literary Supplement, their research The timing and duration of the active participants (and practically no Department of English, PO Box 248145, Coral Gables FL 33124. Advertising rate.card fellows' residence in Buffalo are flexible, audience as space is limited) on a first -come, though we would anticipate a minimum stay first -serve basis·. Please contact us as soon as . available. Yearly subscriptions are' $12.00 individua\(U.S.), $14.00 subscribers outside of two weeks. Both -graduate students at an possible. At some later stagP-, we need a title the u.S. and all libraries. For more infonnation, contact the University of Miami. advanced stage of disseitation research and and a descnption of the topic. Department of English, PO Box 248145, Coral Gables FL 33124. more senior scholars are invited to apply. Arrivals are on Sunday, August 6 and Illst E-mail address: [email protected] \. The James Joyce Fellowship: For until Saturday afternoon, August 12. http://www.as.miami.edulenglishljj\sljjls.htm scholars and graduate students· whose Participants are welcpme to use all resources ISSN: 0899-3114 research is centered on the writings of James . of our library before and after the Workshop. Indexed in the American Humarlities Index (AHI) Joyce, Modernism, .Toyce-related reseaI;ch, research on Sylvia Beach, M.odemist publish­ Ursula Zeller * Fritz Seuu * Margrit . -ers, Modernist genetic criticism, Joyce's lit­ NeUkom * Frances Ilmberger * Ruth GRADUATE SiUDENT EDITORS erary ·circle, his literary cqlleagues or his Frelmer. · Claire Culleton 1987 -1988 influences. Belinda Ghitis 1989-1995 2. The David Gray Fellowship: For Zurich James Joyce Foundation Mary E. D.onnel\y 1994-1995 scholars and graduate students whose Email: [email protected] research is centered on 20th and 21-st century [email protected] Wim Van Mierlo 1995-1997 English language peeny and poetics. (Tris Phone: ++41 442118301 FAX: ++4144 Andrew Shipe 1996-1998 fellowship must be held during tlie academic 2125128 Blake Hobby 1997-1999 year, not-during the summer). . www.joycefoundation:ch (with reports on - · Maria McGarrity 1998-2000 3. The Charles D. Abbott Fellowship: previous workshops) June Turner-Piscitelli 1999-200 I For scholars_ and graduate students whose Strauhof Augustinergasse 9 CH-80Q I · David Earle 2000-2002 ZUrich Switzerland research would be enhanced by any of the Alan Gravano 2001-2004 . books, manuscripts or unique· documents in the. VB. Libraries special collections, which Joshua Stone 2002-2004 include materials from The Poetry Collection, Tim Sutton 2004-2005 University Archives,· The Polish Collection; Amanda Tucker 2005-present The ColleCtions of the Music library, and The Christopher DeVault 2006-present History of Medicine Collection .. Brief introductions to some of the more' notable collectioI"i.s in the UB libraries are "bt110w. For further information, visit the_ Fellowships section of Humanities Institute website at: http://v.'w',,v.1uimanitiesinstitllte.­ buffalo. edulfellowshipsresearchlprbc.shtml, o~email [email protected]