The Business of Writing
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Contracts
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Updated December 7, 2006
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COPYRIGHTS - INTELLECTUAL PROPERTY
Advantages of Copyright Registration
Copyright Laws and the Rights of Blind People
Legal
Fiction - "Legal Fiction provides legal research
and consulting services to novelists, screenwriters
and television writers who want to accurately incorporate the
law into their stories."
New Rules for Public Domain Materials Attorney explains the implications of the Sonny Bono Copyright Term Extension Act on works in the public domain.
Protection of Fictional Characters Attorney offers some great advice concerning the protection of fictional characters and their characteristics.
Protection of Literary Titles While copyright law protects the contents of a book, this article by Lloyd L. Rich describes how the title can be protected as well.
Ten Common Copyright Permission Myths
Publishing Attorney Lloyd J. Jassin debunks some common myths about
copyright and the public domain.
Copyright Website - real world, practical and relevant copyright information of interest to infonauts, content providers, musicians, activists, infringers, and law abiding citizens.
Cognizance of Copyrights and Copy Wrongs - an Ethical Edge in Education. Paper presented by Duane Goehner at the International Education Conference.
Association of Research Libraries: Copyright and Intellectual Property - examines how copyright and intellectual property law affects libraries, archives, and users of copyrighted material from such institutions; site has good primers on related law and policy.
Hot Property - resource on electronic media and copyright/intellectual law.
Stanford University Libraries - Copyright and Fair Use - copyright resources, emphasizing libraries, cyberspace, and NII legislation.
FAQ - Usenet Copyright
Myths - common myths about copyright and related law with respect to the
net.
Patent
Protection for Software
CONTRACTS
Sample magazine contract for the purchase of original short fiction appearing in a print serial publication. SWFA.
Publishing Contracts - Articles
Putting a Price on Your Capabilities: How to Set Your Fees as a Freelance Writer
Compilation Rights in Book Contracts The Internet and print on demand technology including the coming use of in-store kiosks, has given the reading consumer the power to create his or her own book or compilation of printed materials. Are you as a publisher or author ready for the future?
Contract FAQ A basic guide to understanding contracts, from science fiction writer Tara K. Harper.
Delivery and Acceptance of a Manuscript You've just received a manuscript from an author, and your editor thinks it stinks. What are your options?
Electronic Issues in Publishing Contracts Publishers and authors alike should be reviewing the agreements they use or sign respectively to make certain those agreements reflect their positions when it comes to these all-important issues.
Electronic Rights: Publishing Agreement A discussion of the grant of rights and royalty clauses in publishing contracts.
Get it in Writing: Why You Need a Valid Publishing Contract Publishing attorney Lloyd L. Rich explains why a proper publishing contract is essential.
Model Author-Agent Contract As author-agent contracts don't seem to be a one-size-fits-all item, a few alternative contract clauses are included in this draft, accompanied by italicized comments.
Model Contract: Hardcover A model contract from the Science Fiction and Fantasy Writers of America for educational use only.
Model Contract: Paperback A paperback book contract from SFWA designed to help writers understands common publishing contracts and to help them negotiate better contracts.
Never, Ever Release Any Of Your Rights To Anyone While there are exceptions, as explained here, selling any rights to your work can come back to bite you badly. Most major publishers will pass on any work for which full rights are not available.
Out of Print Provisions in Book Contracts This clause in a book contract is often glossed over but rights to a book that may appear to be no longer a marketable title may have important implications.
Publication of Photographs: Is A Release Required? There is no area of photography that is more controversial and unsettled among legal and photography professionals than the issue of when releases are required. Attorney Lloyd Rich examines the issues.
Ten Key Negotiating Points in an Author-Publisher Agreement Attorney Ivan Hoffman offers a general overview of the key contractual issues that authors and publishers must contend with.
The Book Publishers Legal Checklist The importance of written contracts, and some basic information on the contracts a publisher should have to acquire appropriate rights.
The Cover Artist/Illustrator Contract Publishers should never pay cover artists and illustrators to do work without having a sufficient contract covering the issues about who owns the rights to the artist’s work. Ivan Hoffman explains why.
The Indemnity Clause in Book Contracts A look at the provision found in most publishing contracts requiring the author to stand behind his or her work.
Titivillus Tools for Copy Editors and Those Who Employ Them - See checklists for copyediting agreements and style checklists.
TAXES
Links for Freelance Writers -- About.com's list of useful links, includes marketing/fees, contracts, queries, style guides, taxes, training, more
Taxes -- an essay by Cyn Mason.
The Publishing Law Center - A law firm for publishers of magazines, newsletters, books, & multimedia products with services including copyrights, trademarks, contracts, licensing, & rights.