Article Category - "Legal"

Independent Articles
Ivan Hoffman, B.A., J.D., April 2000
Domain Names & Trademarks »

PUBLISHED APRIL 2000 by Ivan Hoffman, Publishing Attorney — If you’re a writer, publisher, Web site designer, or site owner and if you own, claim to own, use or want to use intellectual property on the Internet, then you must have at least a short but functional knowledge of how the United States trademark, copyright, …

Ivan Hoffman, B.A., J.D., December 1999
Giving Up Your Book Rights »

PUBLISHED DECEMBER 1999 by Ivan Hoffman, Publishing Attorney — Without knowing it, publishers, Web site designers, and others may find that they have unintentionally given up valuable rights when they enter into a contract. What often seems like innocuous language, something publishers and designers believe they have seen countless times, may turn out to have …

Jonathan Kirsch, December 1999
The Perils of a Foreign Rights Deal »

Question: I have been contacted by a publisher in Eastern Europe who wants to acquire the rights to one of our books, but I cannot tell whether the offer is fair, what kind of contract I will need, and what I can do if the foreign publisher fails to live up to his promises. How …

Jonathan Kirsch, November 1999
Kirsch’s Publishing Law Update »

Publishers often deal with requested changes in language when negotiating contracts with authors. The following are two related questions recently posed by publisher members of IBPA. Question: One of our authors has told me that she wants to change the “grant of rights” clause in our standard publishing contract to a “license of rights.” What …

Gordon Burgett, October 1999
Sell It Again, Sam »

Selling an article once is a major accomplishment, at least while you’re earning your spurs. Selling the same article again and again, or other articles derived from the same research, is utter delight. Showing you how that is done is the purpose of this article. For clarification, let’s distinguish between the two major means of …

Florrie Binford Kichler, July 1999
PMA Unveils New Dispute-Resolution Program »

Beginning August 1, 1999, PMA will offer a new Dispute Resolution Program with the help of a member publisher. This member is a trained arbitrator and wants to “give something back” to the organization that helped him in his company’s formative years. The program is designed to assist PMA members who are in trade disputes …

Tad Crawford and Laura Mankin, July 1999
The Sonny Bono Copyright Term Extension Act »

On October 27, 1998, President Clinton signed into law the “Sonny Bono Copyright Extension Act,” which extends the terms of almost all existing copyrights by 20 years, in order to provide copyrights in the United States the same protection they are afforded in Europe. The basic term of copyright protection, the life of the creator …

Jonathan Kirsch, July 1999
First Amendment Takes a Hit in Paladin Press 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. Bad facts make bad law, as the old saying goes, and never was it better illustrated than in the case of Rice v. Paladin Press. …

Ivan Hoffman, B.A., J.D., July 1999
Are Your Invoices Legally Sufficient? »

PUBLISHED JULY 1999 by Ivan Hoffman, Publishing Attorney — Many publishers routinely issue invoices to purchasers such as bookstores, wholesalers and the like but fail to recognize the importance of such invoices and the terms and conditions under which they are issued. The invoice is a contract, and in the appropriate circumstances, it can become …

Jonathan Kirsch , June 1999
The Perils of Publishing about Private Persons »

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. Two recent bellwether cases from the influential California Supreme Court illustrate the risks of publishing works of fact or fiction that depict the lives of …

Connect With Us

1020 Manhattan Beach Blvd., Suite 204 Manhattan Beach, CA 90266
P: 310-546-1818 F: 310-546-3939 E:
© Independent Book Publishers Association