IntroductionĬopyright infringement cases involving allegations that the author of a work of fiction has infringed the literary copyright in a prior work of non-fiction are rare in the UK. All these elements have come together to result in a penetrating analysis of the current state of play of literary copyright infringement involving authors drawing on historical sources, interwoven into the rich fabric of mid-twentieth century Cold War geopolitics.

It also comprised a rare factual matrix made up in large part of passion, intrigue, espionage, romance, suffering and CIA- sponsored anti-Soviet propaganda, but which was ultimately a story about the triumph of the human spirit. On this occasion, first and foremost, it resulted in a highly insightful judgment, which helpfully summarises an interesting aspect of copyright law, where a work of fiction is alleged to have infringed the literary copyright in a prior work of non-fiction. Pasternak’s claim alleged that Lara Prescott’s historical novel, The Secrets We Kept, infringed the copyright in the “selection and arrangement” of the events presented in Pasternak’s biographical work Lara: The Untold Love Story that Inspired Doctor Zhivago.ĭismissing the “selection and arrangement” claim in full, the High Court gave a detailed judgment on 25th October 2022 which affirms the role of copyright protection as extending to original expression and not ideas themselves.Įvery so often an intellectual property case comes along that really does have it all.

It is indeed still doing so, making its way particularly around the English High Court and into the Law Reports.Īnna Pasternak, the great-niece of Doctor Zhivago author Boris Pasternak, brought a claim for copyright infringement in the High Court of England & Wales. May it make its way around the world”, Boris Pasternak is to have said to the envoy of an Italian literary agent.

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