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Jonathan Kirsch, February 2010
What New FTC Guidelines Mean for You: Pointers for Publishers, Authors, Bloggers, and Blurbers »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. For the first time in nearly 30 years, the Federal Trade Commission has issued new and updated guidelines regarding the use of endorsements and testimonials, …

Jonathan Kirsch, December 2009
Red Flags: What to Watch Out for in Books You Want to Publish »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. Here are a few questions that every publisher and author ought to ask (and answer) before publishing a book: Do I have the right to …

Jonathan Kirsch, February 2009
What the Google Settlement Means for Publishers and Authors »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. A new age in book publishing began in 2004 when Google, Inc., announced an ambitious plan to create an online database containing a vast number …

Jonathan Kirsch, March 2005
The Brave New World of Google Print »

Google is the world’s largest Internet search engine–but the Internet apparently does not contain enough content to satisfy its appetite. To provide ever-greater searchable databases for Google users, the so-called Google Print program will make available the entire collections of several vast libraries, including the New York Public Library and the libraries of Harvard, Stanford, …

Jonathan Kirsch, June 2004
Danger! Amazon’s Inside the Book Programs Pose Legal Risks for Publishers »

Not long ago, I was invited to deliver a keynote address at a conference titled “The Literature of Los Angeles.” To prepare my remarks, I needed to select some appropriate passages from the works of important L.A. writers, including Carolyn See, James Ellroy, and Mike Davis. But I did not need to visit a bookstore …

Jonathan Kirsch, August 2003
The Perils of Pricing »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. What is the legal risk for the publisher who offers more attractive prices and terms to a preferred customer? Under some circumstances, publishers who engage …

Jonathan Kirsch, October 2002
“Changed Market Conditions” Clause to the Rescue »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. What is a publisher to do if a manuscript is delivered on time and in a publishable form but the publisher changes its mind about …

Jonathan Kirsch, February 2002
Balancing Copyright & Free-Speech Interests in the Courts: Signals from The Wind Done Gone Case »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. Gone With the Wind by Margaret Mitchell is among the biggest bestsellers in history, second only to the Bible, and the author’s estate has been …

Jonathan Kirsch, September 2001
What Every Publisher Needs to Know to Acquire Book Rights in the Digital Age: Lessons from Tasini and Rosetta »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. As far as electronic rights in publishing are concerned, the other shoe has finally dropped. The first shoe was the so-called Tasini case, a long-running …

Jonathan Kirsch, January 2001
Kirsch’s Publishing Law Update “Fair Use” in A »

Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing. The so-called “Fair Use Doctrine” under the Copyright Act permits the use of copyrighted material without the permission of the copyright owner, but only under …

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