Newest Article:    Merchandising Rights in Publishing Agreements (Revised 2018)
Previous Article: The Work Made for Hire Agreement: Further Issues (Revised 2018)
The Fundamental Principle Under United States Copyright Law
Articles About Foreign Rights


Foreign Publishing Deals

Foreign Publishing Deals-Further Issues

Territorial Contract Restrictions

What Happens After Frankfurt?

Articles About Contracts


The Book Publisher's Legal Check List

The Permission Form (Revised 2018)

Are Your Invoices Legally Sufficient?

Giving Up Your Rights

The Ten Key Negotiating Points in an Author-Publisher Agreement

The Cover Artist/Illustrator Agreement

The Book Editor Agreement

Book Club Clauses in Publishing Contracts

The Interview Release

The Gap Trap

Warranty and Indemnity Clauses in Book Contracts

Unbundling The "Bundling" Clause in Computer Book Contracts

Cross-Collateralization in Publishing Contracts

Further Fallacies About Cross-Collateralization

Reversionary Rights in Book Contracts

The Peculiarities of Computer Book Contracts

Revised Edition Clauses In Book Contracts

The 2 (Or More) Book Publishing Deal

Royalty Calculations In Book Contracts

Merchandising Rights in Publishing Agreements (Revised 2018)

Look Before You Sign: Restrictive Licenses

The Agency Agreement

Owned and Controlled Licenses

Private Laws

Publisher Liabilities to Authors and Others

Electronic Issues in Publishing Contracts

Out of Print Provisions in Book Contracts

Compilation Rights in Book Contracts

On Demand Printing Contract Provisions

"Standard" Contracts


Subsidiary Rights Licensing

Subsidy Publishing Agreements

The Ghostwriter Agreement

Electronic Rights: The Supreme Court's "Tasini" Ruling


"Next Book" Provisions in Publishing Contracts

A Legal Nightmare: The Unwritten License

Marketing Provisions in Book Contracts

Co-Author Issues in Book Contracts

Children's Book Publishing

Failure To Publish Provisions in Book Contracts

Precise Contract Language

Submitting Ideas

The Letter of Intent

The Independent Rep Agreement

Territorial Contract Restrictions

A Legal Nightmare: The Unwritten License: Further Issues

Screen Shot Liability for Computer Book Authors

Working Without A Signed Agreement

“Best Efforts” Clauses

Precise Contract Language--Again

Limitation of Liability Provisions

Are Royalties Due On Sale of The Business?

The Need For Written Agreements

"Bad" Contracts: Leverage Follows The Money

Precise Contract Language: "Flashdance"

A Legal Nightmare: The Unwritten License-Even Further Issues

Collaboration: Further Issues

Ten Words That Can Help You Make Money

Is It A Sale...Or A License?

Precise Contract Language: Yet Again

  Acquiring Rights   The Advance
  Narrowing of the "Safe Harbor" Provisions of the DMCA   Are You Paying (Or Getting Paid) On Licensing Income?
Articles About Distribution


Apples and Oranges: An Analysis of Distribution Agreement

Distribution Agreements: Further Issues

Many Unhappy Returns

Articles About Copyrights


Who Shall Own The Copyright In A Book Publishing Agreement?

When Do Copyrights Expire?

Derivative Works

Do I Need to Register My Copyrights?

Work Made For Hire Agreements

The Work Made for Hire Agreement: Further Issues (Revised 2018) 

Screen Shot Liability for Computer Book Authors

Rights to Use Photographs 

Copyright: What It Does Not Protect

Copyright Transfers

The Right to Transfer Copyright Licenses

Mere Facts vs.  Protected Expression of Facts

The Protection of Fictional Characters

Scenes A Faire Under Copyright Law

Copyright in Compilations

Work Made For Hire Agreements: Further Issues

Copyright Infringement-Some Issues

Joint Authors Under The Copyright Law

A Legal Nightmare: The Unwritten License

A Legal Nightmare: The Unwritten License-Further Issues

Copyright Infringement: Further Issues

Derivative vs. Collective Works

Collective Works

Termination of Transfers

Divorce and Copyright: Getting Back...Or Losing... Rights You Thought You Lost...Or Had

The First Sale Doctrine

Who Can Renew Old Copyrights?

The Problems with "Old" Contracts

When A Celebrity Dies

Copyright vs. Contract Claims

Dying and Copyright                                                                                              

  Work Made For Hire Agreements and Derivative Works
  The First Sale Doctrine: Further Issues   Fan Fiction
  Legal Protection for Games   The Copyright Marriage Equality Act 
 Are Copyrights Community Property? (Revised 2018)   Filling Out A Copyright Application: Some Legal Implications
Articles About Fair Use Under the Copyright Law


Fair Use

Napster and Fair Use

Fair Use: Further, Further Issues

Fair Use: Further Issues

The Seinfeld and The Wind Done Gone Cases: Studies in Fair Use

"Beanie Babies" Collector's Guide: Another Study in Fair Use

Screen Shot Liability for Computer Book Authors

Fair Use-Even More Issues

Fair Use: Unpublished Works

Fair Use And Derivative Works

Fair Use: Music Sampling

Fair Use: Even More Issues: Follow Up

Miscellaneous Topics


The Publishing Audit

In Bed Together: The Problems Of Collaboration

Protection Of Book Titles

Electronic Publishing and the Potential Loss of First Serial Rights

Handling Unsolicited Material

Electronic Rights

The Web Site Audit Check List

The Children's Online Privacy Protection Act

Publishers Liability Insurance

Verifiable Parental Consent Under COPPA

Rights of Privacy: An Overview

Online Liability Insurance

Pen Names

The Protection of "Trade Dress"


The California Anti-Spam Law

Defamation on the Internet

The Federal Can Spam Law

The Do It Yourself Publishing Lawyer

Advertising Slogans: Fact vs. Puffing

Respect For The Law

Advertising Injury Provisions in Liability Insurance Policies

The Need For Vision 

Uploading To The Internet: Where To Sue?

Lost Opportunity Costs

The Stupidest Law Ever Enacted


Hoffman-isms: 35 Words That Can Help You Make Money

  What is a "Use In Commerce" For Trademark Purposes?   What Can Happen To Your Project If You Don't Plan Ahead? 
This web site and these articles are not legal advice and are not intended as legal advice.  This web site and these articles are intended to provide only general, non-specific legal information.  This web site and these articles are not intended to cover all the issues related to the topic discussed.  The specific facts that apply to your matter may make the outcome different than would be anticipated by you.  This web site and these articles are based on United States law.  You should consult with an attorney familiar with the issues and the laws of your country.  This web site and these articles do not create any attorney client relationship between you and Ivan Hoffman.  This web site and the articles contained on this web site are not solicitations.




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