Article Author - "Gillen, Steve"

Independent Articles
Steve Gillen, November 2012
The Work-for-Hire Minefield »

Do you think that any book written for a fixed fee is a work-for-hire…and that any book written for royalties is not? Do you think that, if you commission a writer to prepare the manuscript for the next in a series of travel guides written to a form and specification that you developed, the writer’s …

Steve Gillen, September 2012
What Publishers Need to Know About Pricing, Terms, and Antitrust »

Given the evolving and unsettled state of pricing and distribution terms, this is a good time to learn, or relearn, what is permissible within the constraints of anticompetitive collusion and price discrimination. The information that follows focuses on cases against publishers from the late 1980s and early 1990s up to the most recent case against …

Steve Gillen, August 2012
Minimizing Libel Risks: Part 2, Issues You Might Not Expect »

PUBLISHED AUGUST 2012 by Steve Gillen, Partner, Wood Herron & Evans – SEE ALSO: Minimizing Libel Risk: Part 1 – The Basics Part 1 of this series examined the basics of libel law in the United States. But if your libel education stopped at grasping the basics, you might be in for one or more …

Steve Gillen, July 2012
Minimizing Libel Risks: Part 1, The Basics »

PUBLISHED JULY 2012 by Steve Gillen, Partner, Wood Herron & Evans – SEE ALSO: Minimizing Libel Risks: Part 2, Issues You Might Not Expect In the United States, the First Amendment gives book publishers great freedom in formulating and presenting messages. But this freedom has some limits. It is bounded, for example, by an obligation …

Steve Gillen, March 2012
Best Practices for Permissions »

Many independent publishers give published material away for nothing if it meets a more or less arbitrary benchmark they have set for fair use and therefore, in their view, does not require permission or a fee. This finding comes from an admittedly unscientific survey of the published permissions policies of a couple of dozen publishers. …

Steve Gillen, December 2011
Trademarking and Your Brand Strategy »

PUBLISHED DECEMBER 2011 by Steve Gillen, Lawyer & Partner, Wood Herron & Evans Building a brand for your books is part marketing and part magic. Keeping competitors at a respectful distance from your brand is all trademark law. In the book publishing context, a trademark is typically the name of a publishing house or one …

Steve Gillen, November 2011
Reversion in the Digital Age: Is Out-of-Print Out of Style? »

Because not every book is a success and not every successful book has an indefinite shelf life, the publishing contract has evolved to anticipate and incorporate an exit strategy for that day when the publisher decides that revenue from expected sales will no longer justify the cost of continuing to carry the work. Once a …

Steve Gillen, September 2011
Acquiring the Right Rights: Will Your Contract Keep Up with the Markets for Your Books? »

When Apple launched its iTunes digital music download business in 2001, few anticipated that it would change the entire landscape of the music business in less than a decade. But by 2008, iTunes had overtaken Wal-Mart as the top music retailer in the United States, and, looking forward across the entire market, some commentators expect …

Steve Gillen, August 2011
Has Your Copyright Escaped Notice? Six Questions You Probably Never Thought to Ask »

Steve Gillen (photo right) is a partner in the intellectual property firm of Wood, Herron & Evans L.L.P. and has focused his practice on publishing and media matters for 30 years. To reach him, email or call 513-241-2324. You place it on the back of your title page because . . . well, because …

Steve Gillen, June 2011
Fair Use and Other Aspects of Coping with Copyright Law »

“But honestly, Monica . . . ” With these three words, the publisher of Cooks Source magazine launched an impatient email response to a writer’s infringement complaint. Then she continued: “ . . . the web is considered ‘public domain’ and you should be happy we just didn’t ‘lift’ your whole article and put someone …

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