The Law (In Plain English) for Writers

by DuBoff, Leonard D.

• ISBN13: 9781572484764
• ISBN10: 1572484764
• Edition: 4th
• Format: Paperback
• Copyright: 2005-04-30
• Publisher: Sourcebooks Inc

Summary

"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.

Table of Contents

Foreword

Introduction

The Writer's Words

The Freedom to Write

Political Speech

Judicial Proceedings

Commercial Speech

Pornography

Time, Place, and Manner Restrictions

Privacy, Defamation, and Other Content Issues

Privacy Rights

Defamation

Negligence

Copyright

What is Copyright?

Ownership

What Can Be Copyrighted?

Trademark Issues

Copyright Protection

Creation of Copyrights

Transferring Copyrights

Duration of Copyright

Copyright Duration Chart

Copyright Notice

Registration of Copyrights

Copyright Infringement

Infringement

Fair Use

Access to Information

The Freedom of Information Act Request

State Public Information Laws

Access to People and Places

Recording Interviews

Seeking Help

The Writer's Relationships

Publishers

Protocol

Legal Aspects of Submissions

Misappropriation

Dealing with Common Issues

Literary Agents

Fees

The Duties between Agent and Client

Liability for the Acts of an Agent

Termination of Agency

Agent Contracts

Alternatives to Mainstream Publishers

Vanity and Print-on-Demand Presses

Self-Publishing

E-Book Publishers

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

Contracts

Offers

Acceptance

Consideration

Form of Contracts

Capacity to Contract

Acceptable Form for Written Contracts

Illegal Contracts and Literary Profits Laws

Unconscionability

Remedies

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

Magazine Contracts

One-Time Publication

Serial Rights

Time Period for Publication

Republication or Adaptation of a Work

Kill Fees

Other Clauses

The World Wide Web

Increased Magnitude for Problems

Opportunities

Using the Web to Evaluate Publishers, Agents, and Editorial Services

The Writer's Business

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

Keeping Taxes Low

Qualifying for Business Deductions

The Home Office Deduction

Other Business Expenses

Charitable Deductions

Grants, Prizes, and Awards

Deferring and Spreading Income

The Writer's Estate

The Will

Distributing Property Outside the Will

Estate Taxes

Professional Estate Planning

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

Table of Contents provided by Publisher. All Rights Reserved.