Article Category - "Legal"


Independent Articles
Matthew B. Lake, February 2012
Choosing a Legal Entity for Your Business: The Pros and Cons of S Corps and LLCs »

A publisher—small, medium, or large—should operate as a legal business entity for countless reasons. The most basic goal is limiting the owner’s liability for business operations to the owner’s investment in the business. After all, no one goes into business with the intent to put their house, car, and children’s college savings at risk. Some …

Kirk Biglione & Russell Phillips, January 2012
DRM Decisions: Analyzing the Business Case / Why I Don’t Use DRM »

  When the phone rings in the IBPA offices, it’s often a call from a member who’s perplexed about whether to use DRM on e-books. When the board of a book-business trade association convenes, some of its members insist that DRM is essential and others insist that it does far more harm than good. Contributors …

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 …

James Gannon, October 2011
How I Learned to Stop Worrying and Love the Copy »

How I Learned to Stop Worrying and Love the Copy by James Gannon I was wrong. After years of reading intellectual property law blogs from some of the greatest legal minds, I’m finally ready to admit that I was wrong. The fight against illegal copying is one that cannot be won. I can no longer …

Thomas Woll, September 2011
Selling Foreign Rights in Our Digital Age »

Has selling foreign rights changed in today’s digital world? The answer is yes—and no. Some changes have made it easier for publishers to handle foreign rights internally. And some actions have stayed the same, including the steps you need to take to achieve success. Nine Tried and True Tactics As in the past, selling foreign …

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 …

Curt Matthews & Mike Shatzkin, July 2011
E-book “Sales” and Splits »

In “Why You Can’t Actually Sell an E-book” (May), Mike Shatzkin argues that e-books are really licenses rather than physical objects, and should therefore be treated like the other license-like elements typically found in a publisher/author agreement—serial rights, book clubs, paperbacks (I assume Shatzkin means mass market paperbacks), and so forth. He certainly is right …

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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