Article Category - "Legal"


Independent Articles
Ivan Hoffman, April 2002
Troubles with Rights Transfers »

PUBLISHED APRIL 2002 by Ivan Hoffman, Publishing Attorney — Publishers, authors, Web site owners and designers, cover artists, illustrators, recording artists, songwriters, record and music publishing companies, and any other parties that deal in and with copyrights of any sort should pay careful attention to a case coming out of the United States Court of …

Ivan Hoffman, B.A., J.D., March 2002
Marketing Provisions in Book Contracts »

PUBLISHED MARCH 2002 by Ivan Hoffman, Publishing Attorney — Book contract provisions that have to do with marketing and promotion can appear in various places within an agreement, but no matter where they appear, they should cover at least the following issues. The Package The book itself is central to issues about marketing and promotion …

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 …

Alan J. Kaufman, December 2001
Avoiding Author Contract Conflict »

I started my career as a literary agent/attorney, went on to become Senior Vice President and General Counsel of a major trade publisher for 20 years, and am now in private practice specializing in representing small- to mid-sized publishers. In other words, I have been on both sides of the negotiating table and have reviewed …

Alan J. Kaufman, October 2001
Defining Libel in Fiction »

Question: One of our editors is working with an author on her first novel. The antagonist of the novel is based on an acquaintance of the author’s; this acquaintance is a man who went on to become successful in his profession despite the author’s belief that he was rather a villain. I know that people …

Lloyd J. Jassin, October 2001
Defending Your Right to Speak Freely »

Lloyd J. Jassin (photo right) is a publishing attorney and coauthor of “The Copyright Permission & Libel Handbook” (John Wiley & Sons). He can be contacted at 212/354-4442 or via e-mail at Jassin@copylaw.com. For more information, visit www.copylaw.com. While PMA has a long tradition of providing publishers with the tools they need to compete in …

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 …

Ivan Hoffman, B.A., J.D., August 2001
Out of Print Provisions in Book Contracts »

PUBLISHED AUGUST 2001 by Ivan Hoffman, Publishing Attorney — What constitutes “out of print” in the world of print books and now-with the advent of print on demand-in the electronic world can be a significant legal and business issue for both publishers and authors. This clause in a book contract is often glossed over, but …

Ivan Hoffman, B.A., J.D. , May 2001
Incorporation or LLC? »

PUBLISHED MAY 2001 by Ivan Hoffman, Publishing Attorney — If you’re contemplating incorporating or setting up a limited liability company (LLC) to operate your business, there are some significant legal issues you must resolve. Please note that these decisions are integrally tied in with accounting and tax issues as well, and thus it is important …

Reid Goldsborough, May 2001
Ward Off Internet Legal Woes »

As the Internet becomes ever more integrated into the economy, the old club atmosphere has given way to a more adversarial environment. While some disputes are still resolved by discussion and consensus, you’re more and more likely to see someone call in the lawyers. Legal battles are nothing new to the larger computer world. Some …

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