Article Category - "Legal"


Independent Articles
Helen Sedwick, February 2017
Navigating the Legal Landscape of Manuscript Reviews »

PUBLISHED FEBRUARY 2017 by Helen Sedwick, Author and Attorney Suppose you receive an intriguing manuscript that delves into corruption at a major hospital chain, or an edgy novel that transports today’s politicians into a dystopian future of their making. You want to publish the work but wonder if you are diving into legally treacherous waters. …

Steve Gillen, December 2016
What You Need to Know About Fair Use »

PUBLISHED DECEMBER 2016 by Steve Gillen, Partner, Wood Herron & Evans Copyright protection is automatic in the US and most of the civilized countries of the world. Create a work of original expression, record it, and monopoly rights vest automatically. If that were all it took, though, pushing the envelope of art, science, or culture …

Juli Saitz & Steve Gillen, September 2016
Getting the Royalty Treatment »

PUBLISHED SEPTEMBER 2016 by Juli Saitz (Ankura Consulting Group) & Steve Gillen (Wood Herron & Evans) The relationship between publisher and author is an interdependent one. If the author doesn’t write well and on schedule, the publisher has nothing to develop, market, and sell. On the other hand, no matter how well an author writes, …

Lynn Rosen, September 2016
Independent Counsel »

PUBLISHED SEPTEMBER 2016 by Lynn Rosen, IBPA Independent consulting editor Three legal mavens give us a perspective on the important issues independent book publishers should be aware of. Jonathan Kirsch Founder and principal, Law Offices of Jonathan Kirsch, APC What are some of the important legal issues at play in the book publishing industry today? …

Jonathan Lyons & Jesseca Salky, September 2016
Termination of Book Publishing Rights: An Overview »

PUBLISHED SEPTEMBER 2016 by Jonathan Lyons & Jesseca Salky, Founding Partners, Lyons & Salky Law LLP The US Copyright Act of 1976 presents authors and their statutory successors the opportunity to terminate previous grants copyrighted work rights. For evergreen titles, this can be a very lucrative opportunity; for publishers of such copyrighted titles, where these …

Deb Vanasse, September 2016
Legal Quandaries »

PUBLISHED SEPTEMBER 2016 by Deb Vanasse, IBPA Independent Staff Reporter Contracts, copyright, trademark, permissions—the legal challenges of publishing can seem overwhelming. But by taking a proactive stance and making the most of available resources, savvy publishers confront legal issues head-on. The Dotted Line At the heart of publishing is the author-publisher relationship. Clear, enforceable contracts …

Steve Gillen, March 2016
Who Do You Think You’re Dealing With? »

PUBLISHED MARCH 2016 by Steve Gillen, Lawyer & Partner, Wood Herron & Evans Most of your authors work independently—as individuals. Consequently, the form of publishing contract you have developed for your publishing business undoubtedly reflects that, calling for your author’s personal name and residence address in the preamble or recitals. But every once in a …

Mary Rasenberger, January 2016
10 Tips for Crafting an Equitable and Secure Publishing Contract »

PUBLISHED JANUARY 2016 by Mary Rasenberger, Executive Director, Authors Guild On March 3, 2016, IBPA member Georgia McBride published a rebuttal to the article below. Georgia’s piece is entitled 10 Tips for Crafting an Equitable and Secure Publishing Contract: A Rebuttal for Publishers That Seeks to Inform Publishers Based on the Needs of Publishers. You …

Helen Sedwick, October 2015
Copyright Changes in the Works: Deciding Who Can Use What Without Permission »

PUBLISHED OCTOBER 2015 by Helen Sedwick, Writer and Lawyer For years, US and foreign legislatures have tried to find solutions to the copyright issues of orphan works and mass digitization. The challenge is balancing the interests of copyright owners in protecting their rights with the interest of the public in having access to materials that …

Rhonda Rees, July 2015
My Battle with Pirates »

PUBLISHED JULY 2015 by Rhonda Rees, Publicist Late one evening, shortly after I self-published Profit and Prosper with Public Relations®: Insider Secrets to Make You a Success, I decided to run a Google search for it—and there it was, staring me right in the face. My book, along with hundreds of others, was being given …

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