Copyright Protection of Unpublished Works in the Common Law World

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

1. Introduction
The Meaning of ‘Publication’
A Working Definition of Publication
Argument and Structure
2. A History of the Jurisdictional Bases for Restraining Unauthorised First Publication
Introduction
The Rights of Authors of Unpublished Manuscripts Prior to the Enactment of the Statute of Anne
The Evolution of ‘Property’ as a Ground for Restraining Unauthorised First Publication
‘Breach of Confidence’ and ‘Breach of Implied Contract’ as Additional Jurisdictional Grounds for Restraining Unauthorised First Publication of Manuscripts
Common Law Rights in Unpublished Manuscripts
The Emergence of Breach of Confidence as an Alternative Basis for Preventing Unauthorised First Publication
The Emergence of Implied Contract as a Further Basis for Protecting Unpublished Works
Prince Albert v Strange and the Recognition of the Trio of Jurisdictional Bases for Restraining Unauthorised First Publication
Further Developments
Conclusion
3. The Abrogation of Common Law Protection of Unpublished Works and its Consequences
Introduction
Domestic Pressures for Reform
Further Issues
International Pressures for Reform
Abrogation and its Consequences
4. The Significance of ‘Publication’ in Contemporary Copyright Law
Introduction
Qualification for Copyright Protection
The Extent of Copyright Protection
The Term of Copyright Protection
The Availability and Strength of Copyright Exceptions
The Remedies for Copyright Infringement
Conclusion
5. Justifications for Protection of Unpublished Works
Introduction
Incentives
Labour
Desert
Personality
Expressive Autonomy
Privacy
Conclusion
6. Persistent Problems
Introduction
Copyright Exceptions
Fair Use
Purposive Interpretation
The Term of Copyright in Old Unpublished Works
7. Taking Stock