Law (In Plain English) for Writers

Overview

"No writer will want to be without this book." -Jean M. Auel, author of The Clan of the Cave Bear and other books in The Earth's Children series.

Writing is your passion. Making a living with your words is your dream. Taking charge of your business is the key to having it all.

The Law (In Plain English)® for Writers describes how to take advantage of your skills and profit from your work. It looks at the business of being a writer and explains how to succeed in every area ...

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Overview

"No writer will want to be without this book." -Jean M. Auel, author of The Clan of the Cave Bear and other books in The Earth's Children series.

Writing is your passion. Making a living with your words is your dream. Taking charge of your business is the key to having it all.

The Law (In Plain English)® for Writers describes how to take advantage of your skills and profit from your work. It looks at the business of being a writer and explains how to succeed in every area affecting a writer's livelihood. Learn all the essential details of:

Submissions
Permissions
Freedom of Information Requests
Book and Magazine Contracts
Taxes
Royalties
Copyright Ownership
Dispute Resolution

The ability to work with others is another crucial component in a writer's business. Agents, collaborators and editors can take your work to the next level-discover how to make these relationships work. Designers, illustrators and photographers may be critical to making your writing come alive-use employment and copyright laws to protect yourself. Vanity presses, print-on-demand presses and self-publishing may be your ticket to bigger and better projects-find what you need to know about these alternatives.

For every writer-
whether first-time author, seasoned freelancer or professional journalist-
The Law (In Plain English)® for Writers unveils the mysteries of getting published.

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Product Details

  • ISBN-13: 9781572484764
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 5/1/2005
  • Series: Law in Plain English Series
  • Edition description: New Edition
  • Edition number: 4
  • Pages: 296
  • Product dimensions: 7.00 (w) x 9.00 (h) x 0.78 (d)

Meet the Author

Leonard D DuBoff is an internationally recognized expert who has lectured on legal issues throughout the world. He began his legal career as a practicing lawyer in New York, then relocated to Palo Alto, California, where he started his teaching career at the Stanford Law School. Subsequently, he moved to Portland, Oregon, where he taught law at Lewis & Clark Law School. DuBoff spent almost a quarter of a century teaching business and intellectual property law.
While a full-time law professor, DuBoff was also Of Counsel to law firms, and maintained those relationships until 1994, when he left full-time teaching to found his own law firm. His firm, now known as the DuBoff Law Group, LLC, specializes in business and intellectual property law, representing writers, publishers, and others involved in creative endeavors. DuBoff has received academic awards from President Lyndon Johnson and New York Governor Nelson Rockefeller. In 1990, he received the Governor's Arts Award from Governor Neil Goldschmidt of Oregon.
Not only does Leonard DuBoff practice law, but he has also been involved in its creation. In the late 1980s he testified in support of the Visual Artist's Rights Act of 1990, at the request of Senator Edward Kennedy of Massachusetts. He has also provided Congress with testimony related to accession to several cultural and intellectual property treaties and he has worked with state legislatures on their legislation as well.

A prolific author, DuBoff has written numerous articles for scholarly journals, practical articles for lawyers' bar publications, and articles for nonlawyers. He has regular columns in several magazines, and has written several books, including the Publishers Legal Guide and Art Law in a Nutshell.

Bert P. Krages II is an attorney who has been practicing law in Portland, Oregon since 1987. He obtained his undergraduate degree from Northwestern University, a master's degree from the University of North Carolina at Chapel Hill, and his law degree from the University of Oregon.
He has had a lifelong interest in books. He is the author of Total Environmental Compliance (Lewis Publishers 2000), Legal Handbook for Photographers (Amherst Media 2001), Heavenly Bodies (Amherst Media 2003), and Photography: The Art of Composition (Allworth Press 2005). In addition to representing writers on publishing law and copyright matters, he is nationally recognized as a public advocate for the rights of photographers to document what they see in public places.

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Table of Contents

Foreword -
Introduction -

Section I: The Writer's Words
Chapter 1: The Freedom to Write -
Political Speech
Judicial Proceedings
Commercial Speech
Pornography
Time, Place, and Manner Restrictions

Chapter 2: Privacy, Defamation, and Other Content Issues -
Privacy Rights
Defamation
Negligence

Chapter 3: Copyright -
What is Copyright?
Ownership
What Can Be Copyrighted?
Trademark Issues

Chapter 4: Copyright Protection -
Creation of Copyrights
Transferring Copyrights
Duration of Copyright
Copyright Duration Chart
Copyright Notice
Registration of Copyrights

Chapter 5: Copyright Infringement -
Infringement
Fair Use

Chapter 6: Access to Information -
The Freedom of Information Act Request
State Public Information Laws
Access to People and Places
Recording Interviews
Seeking Help

Section II: The Writer's Relationships
Chapter 7: Publishers -
Protocol
Legal Aspects of Submissions
Misappropriation
Dealing with Common Issues

Chapter 8: Literary Agents -
Fees
The Duties between Agent and Client
Liability for the Acts of an Agent
Termination of Agency
Agent Contracts

Chapter 9: Alternatives to Mainstream Publishers -
Vanity and Print-on-Demand Presses
Self-Publishing
E-Book Publishers

Chapter 10: Working with Other People -
Scope of the Agreement
Warranty and Indemnification
Term of Agreement
Ownership of Rights
Manuscript Issues
Expenses
Compensation
Use of Material
Termination
Death or Incapacity
Dispute Resolution
Boilerplate Terms

Chapter 11: Contracts -
Offers
Acceptance
Consideration
Form of Contracts
Capacity to Contract
Acceptable Form for Written Contracts
Illegal Contracts and Literary Profits Laws
Unconscionability
Remedies

Chapter 12: Book Contracts -
Advances
Royalties
Format and Content of the Manuscript
Alterations
Publication
Revisions
Copyright
Subsidiary Rights
Warranty and Indemnity
Covenants Not to Compete
Termination and Reversion
Option Clause
Multiple-Book Contracts
Author's Manuscript
Arbitration
Authorship Credit, Free Copies, and Writer Purchases
Agency Clause
Boilerplate Provisions

Chapter 13: Magazine Contracts -
One-Time Publication
Serial Rights
Time Period for Publication
Republication or Adaptation of a Work
Kill Fees
Other Clauses

Chapter 14: The World Wide Web -
Increased Magnitude for Problems
Opportunities
Using the Web to Evaluate Publishers, Agents, and Editorial Services

Section III: The Writer's Business
Chapter 15: Writing as a Business -
Sole Proprietorship
Partnerships and Other Collaborations
Unintended Partners
The Limited Partnership
The Corporation
The Limited Liability Company
The Limited Liability Partnership
Precautions for Minority Owners
Formalities
Consulting an Attorney

Chapter 16: Keeping Taxes Low -
Qualifying for Business Deductions
The Home Office Deduction
Other Business Expenses
Charitable Deductions
Grants, Prizes, and Awards
Deferring and Spreading Income

Chapter 17: The Writer's Estate -
The Will
Distributing Property Outside the Will
Estate Taxes
Professional Estate Planning

Chapter 18: Avoiding and Resolving Disputes -
Prudence and Common Sense
Preventive Law
Resolving Disputes in General
Going to Court
Selecting an Attorney

Glossary
Appendix: Internet Resources
Index -
About the Authors

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