Sweeney & Anor v. MacMillan Publishers Ltd & Anor [2001] EWHC Ch 460 (22nd November, 2001)

Sweeney & Anor v. MacMillan Publishers Ltd & Anor [2001] EWHC Ch 460 (22nd November, 2001)

The Reader’s Edition was copied from the 1922 edition of Ulysses, not from unpublished preparatory materials; the bulk of the Reader’s Edition falls under revived copyright provisions. Publication of the Reader’s Edition did not infringe copyright in unpublished materials, and the estate’s passing off claim fails as the Reader’s Edition is sufficiently distinguished and no actionable misrepresentation is found.

Citation
[2001] EWHC Ch 460
Parties
Claimant: Trustees of the estate of the late James Joyce; Defendant: Macmillan Publishers Ltd; Defendant: Mr Rose
Jurisdiction
England and Wales
Procedural Posture
Copyright and Passing Off / Final Judgment
Outcome
Claim dismissed
Legal Topics
Revived Copyright, Compulsory Licence, Publication of Literary Works, Passing Off, Directive 93/98/eec Implementation
Intellectual Property Copyright Passing Off Revived Copyright Compulsory Licence Publication of Literary Works Directive 93/98/eec Implementation

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Parties

Trustees of the estate of the late James Joyce

Claimant

Macmillan Publishers Ltd

Defendant

Mr Rose

Defendant

Procedural Posture

Copyright and Passing Off / Final Judgment

Legal Issues

  1. 1 Whether the Reader’s Edition infringes revived copyright in Ulysses
  2. 2 Whether preparatory materials published during Joyce’s lifetime are covered by copyright
  3. 3 Whether the estate can sue for passing off

Ratio Decidendi

The Reader’s Edition was copied from the 1922 edition of Ulysses, not from unpublished preparatory materials; the bulk of the Reader’s Edition falls under revived copyright provisions. Publication of the Reader’s Edition did not infringe copyright in unpublished materials, and the estate’s passing off claim fails as the Reader’s Edition is sufficiently distinguished and no actionable misrepresentation is found.

Court Disposition

Claim dismissed

Orders

  • No injunction granted
  • No damages awarded