Article Category - "Legal"


Independent Articles
Steve Gillen & Sean Owens, July 2017
There’s Something New You Need to Know About Copyright Safe Harbor »

PUBLISHED JULY 2017 by Steve Gillen & Sean Owens, Wood Herron & Evans If you operate a website where you allow either contributors or site visitors to post content or comments, there is something you need to know: As the website operator, you may be liable for any third-party claims that are triggered by what …

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 …

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, …

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 …

Steve Gillen, December 2013
Paying Less for Small Copyright Cases »

There’s good news both for copyright owners and for people accused of copyright infringement. The Copyright Office recently issued a long-awaited report and recommendation for a streamlined, low-cost procedure for resolving small copyright infringement claims. Under current U.S. law, copyright owners have some very powerful advantages and remedies at their disposal when it comes to …

Steve Gillen, November 2013
Tools for Dealing with Piracy, Including a Brand New One »

It’s a ubiquitous complaint these days: One of your titles is being offered as a free download by a Website. Your author saw the offer during one of the Internet searches she does from time to time to see how her work is being received and reviewed. She wants to know what you are going …

Steve Gillen, October 2013
Use Source Works Safely »

Maybe it was something you saw in a magazine or at a bookstore. Maybe it was something you saw online. Maybe it was something that caught your eye in an unsolicited query letter or proposal—a good idea in poorly skilled hands. In any event, wherever you first saw it, it inspired you to develop and …

Steve Gillen, September 2013
The Legal Side of Endorsements and Testimonials »

PUBLISHED SEPTEMBER 2013 by Steve Gillen, Lawyer, Wood Herron & Evans Endorsements are good for business. We know this intuitively. And a 2012 article in the Journal of Advertising Research confirms it empirically in a report on a study of more than 300 endorsement deals over nearly two decades, which found that endorsements resulted in an average …

Steve Gillen, July 2013
When Getting Rights Clearance Is Tough »

We’ve all been there. You’ve found the perfect photo . . . verse . . . song lyrics . . . vignette . . . you name it . . . to open your book or a chapter within it or to use within the text. Having labored long and hard to locate just the …

Steve Gillen, June 2013
E-books and Evolving Law »

Soon after the Supreme Court’s 6–3 decision this spring in Kirtsaeng v. John Wiley & Sons, a story in the New York Times gave voice to a widespread concern that personal and library lending of e-books might be legal even though many publishers oppose that. The case turned on a contest for priority between apparently conflicting provisions in …

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