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 began his renowned legal career teaching at the Stanford Law School. He then became a Professor at Lewis & Clark Law School in Portland, Oregon, where he taught for over twenty-three years. DuBoff was Of Counsel to three Portland area law firms and one New York law firm before founding The DuBoff Law Group.

DuBoff, who obtained his engineering degree from Hofstra University magna cum laude and his law degree summa cum laude from Brooklyn Law School, where he graduated with the then-highest academic average in the history of the law school, is licensed to practice in both New York and Oregon. He is also admitted to over fifteen federal courts-including the United States Court of International Trade and the United States Supreme Court. His major practice areas include art law, crafts law, international law, copyright law, trademark law, and business law. He has served on task forces which revised numerous laws, including the Oregon corporation code and the Oregon not-for-profit corporation code, among others.

He is an art lover and enthusiast with over thirty-five years' experience studying, teaching, writing, and breathing art and crafts law, as well as working with creative people in other genres. Known as one of the leading authorities on art law, DuBoff's works are frequently referenced by judges, lawyers, and anyone interested in knowing about the law in this field. He has served on numerous advisory boards, testified before legislative bodies on both the state and federal levels, and received several accolades for his work and devotion, including the Oregon Governor's Arts Award. DuBoff also received an award from President Lyndon Johnson for his academic achievements in the natural sciences and an award from New York Governor Nelson Rockefeller.

DuBoff's influence is immense. He is the author of over fifteen books directly related to art, crafts, galleries, photography, publishing, and business, as well as countless articles on these subjects. In fact, one of his books has been translated into Chinese. In addition to The Antique and Art Collector's Legal Guide (1st ed.), Sourcebooks, Inc./Sphinx Publishing is proud to publish his The Law (In Plain English)® for Small Business (2nd ed.), The Law (In Plain English)® for Writers (lead author with Bert Krages, 4th ed), and The Law (In Plain English)® for Restaurants and Others in the Food Industry (lead author with Christy King, 1st ed.), as well as this volume, The Law (In Plain English)® for Doctors, Dentists and Other Health Care Professionals. DuBoff is a frequent contributor to Art Trends Magazine, Communication Arts, Glass Craftsman, Picture Magazine, Woodshop News, Critical Issues, and numerous scholarly legal publications.

DuBoff shares his passion with his wife and three children. He currently lives in Portland, Oregon, though his firm handles matters throughout the United States on a regular basis.

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 and is the author or coauthor of several titles. 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

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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