Articles for Writers and Publishers

ARTICLES FOR WRITERS AND PUBLISHERS

Newest Article: Work Made For Hire Agreements and Derivative Works

Previous Article: Dying and Copyright

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
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 Contract	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 Book Contracts
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
Disclaimers	Subsidiary Rights Licensing
Subsidy Publishing Agreements	The Ghostwriter Agreement
Electronic Rights: The Supreme Court's "Tasini" Ruling	Licensing
"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

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	Playboy and the Work Made for Hire Agreement
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

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"
Defamation	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
How Does the Google Settlement Affect You?	Uploading To The Internet: Where To Sue?
Lost Opportunity Costs	The Stupidest Law Ever Enacted

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.

ARTICLES FOR WRITERS AND PUBLISHERS

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