August 2003
Waugh and peace
An unauthorised sequel to Evelyn Waugh's acclaimed work, Brideshead Revisited, has been published by Michael Johnston, a businessman and writer of radio documentaries. The sequel, titled Brideshead Regained had been intended as a tribute to Evelyn Waugh's saga of a doomed family of Catholic aristocrats. Although first time novelist Johnston maintains that the reaction among Waugh fans has been positive, the work has not been well received by all.
Johnston has failed to find a publisher and has had to publish the work himself. However, the book seemed to face an even greater obstacle to publication when the Waugh family and trustees of the Waugh estate reacted angrily to the book.
Eventually, it was agreed that publication could go ahead subject to conditions. The agreement reached between Mr Johnston and the Waugh Estate will restrict the book to being sold online with all copies displaying a sticker stating "This sequel is not authorised by the Waugh Estate".
Briffa Comment
Copyright in a work of fiction lasts for the duration of the author's life and an additional seventy years. Publishers can get the right to publish works by buying the copyright or by agreeing a licence to copy the work and sell it commercially.
The publication of unauthorised sequels can also be a breach of copyright, even though such works are not copies in the ordinary sense. The use of characters from an existing work without authorisation can be a breach of copyright.
Even if there has been no breach of copyright, there is a strong possibility that an unauthorised sequel will fall foul of passing off rules. This would be the case where a work can be shown to be confusing consumers and taking advantage of the reputation in an existing work.