Article Category - "Legal"


Independent Articles
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 sgillen@whepatent.com 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 …

Steve Gillen, April 2011
Author Warranties: Options for Contract Clauses »

Your book publishing contract probably includes provisions that require the author to make certain promises about the manuscript submitted for publication—that it’s an original work, that it doesn’t infringe the intellectual property rights of any third party, that it isn’t libelous, and so on. Because only the author is in a position to know whether …

Steve Gillen, December 2010
Pollyanna, Titles, and Trademarking »

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 sgillen@whepatent.com or call 513-241-2324. In the early 1900s, Eleanor Porter wrote the first of a series of inspiring books for …

Steve Gillen, November 2010
The Bug Checklist: Protect Yourself Against Snafus in Software Vendors’ Licenses »

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 sgillen@whepatent.com or call 513-241-2324. Whether it’s general accounting, royalty reporting, workforce management, CTP imaging, or some other back-office process, the …

Steve Gillen, August 2010
Contract Updates for the E-Book Era »

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 sgillen@whepatent.com or call 513-241-2324. Electronic rights and corresponding royalty rates have been the subject of much passionate discussion on both …

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