Copyright law and the challenge of regulating non-verbatim reproduction: reconceptualising literary copyright infringement through narrative theory

This thesis studies the application of the infringement standard(s) in UK literary copyright law in instances where few or no words have been reproduced from a literary work, that is, the case of ‘non-verbatim reproduction’. The aim of this body of work is to improve the reliability of assessments to assist creators to better understand their legal obligations and risks of infringement.

Part One sets out the treatment of non-verbatim reproduction in literary copyright law jurisprudence, showing how judges struggle to apply the standard infringement tests to cases of non-verbatim reproduction.

Part Two explores what can be revealed by drawing upon literary theory to analyse existing judgments that apply these standards. Analysis includes a comprehensive review of cases decided between 1913 and 2022 where determining infringement required identification of non-verbatim parts of literary works. This analysis shows the extent to which aspects of narrative theory are already drawn upon in the presentation of relevant facts and in judicial reasoning.

This thesis concludes by setting out a framework and schemas to support a more rigorous adoption of the narrative theory toolbox in determining infringement of non-verbatim reproduction with the aim of improving the legal understanding of copyright obligations to original authors and risks of infringement.