Article Author - "Rich, Lloyd L."

Independent Articles
Lloyd L. Rich, July 2004
Who Owns an Interview? Insights into Copyright Cases »

Interviews are frequently an important element of a book, and copyright law permits an author to automatically claim copyright ownership and protection for an “original” work. Does an interview qualify as a copyrightable work? If the answer is yes, who owns an interview–the interviewee or interviewer? Courts have sometimes applied federal copyright law and sometimes …

Lloyd L. Rich, January 2004
A Word to the Wise on Copyright Extension »

Many publishers and authors have different opinions about the 1998 Sonny Bono Copyright Extension Act (CTEA), which increased the term of copyright protection in the United States by 20 years. If you are a publisher and/or an author, you need to understand how it came to be and how it affects you. Specific issues to …

Lloyd L. Rich, February 2003
Fair Use of Trademarks »

When is it permissible to use or write about a trademark without obtaining permission from the trademark owner? To make writing more realistic, can you use trademarks such “Ford,” “Hershey,” and “Beanie Baby” in your work without permission? Can a book that is either favorable to or critical of a company or a company’s product …

Lloyd L. Rich, January 2001
E-Rights: Tasini Revisited »

During the past few years, electronic rights or “e-rights” have significantly increased in importance to everyone involved in the publishing community. Today one cannot read an industry publication, attend a conference, or engage in a lengthy discussion with another publishing professional without encountering e-rights publishing. Authors, agents, and (book, e-book and print-on-demand) publishers are involved …

Lloyd L. Rich, November 2000
Right of Publicity »

Introduction The right of publicity is generally defined as an individual’s right to control and profit from the commercial use of their name, likeness, and persona, which shall be referred to in this article as the individual’s identity. Protecting the individual from the loss of commercial value resulting from the unauthorized appropriation of an individual’s …

Lloyd L. Rich, November 1998
Fictional Characters & the Law »

Introduction On my Web site, I have an article regarding the legal protections provided for a graphic character-such as Mickey Mouse or Superman-that is depicted by a cartoon or other graphic representation.1 However this article will focus on the protection available for a “fictional character” (also referred to as a “literary character”)-such as James Bond, …

Lloyd L. Rich, August 1998
Subsidiary Rights: Acquisition & Licensing »

The grant of rights clause in a publishing contract is one of the most important clauses because it enumerates the specific rights granted to the publisher by the author. Negotiation of this clause has become even more important in today’s world where increasingly more uses are being developed for literary content.The scope of the clause …

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