Writer's Legal Guide : An Authors Guild Desk Reference

by CRAWFORD,TAD

• ISBN13: 9781581152302
• ISBN10: 1581152302
• Edition: 3rd
• Format: Trade Paper
• Copyright: 2002-06-17
• Publisher: FRWHEEL

Summary

The Created by professionals with extensive experience in both law and publishing, this valuable desktop guide answers virtually any question writers are likely to face concerning their rights and the law. Fully updated with the latest information on electronic rights and expanded coverage of fair use and permissions, this new Third Edition features the latest changes in copyright law, book contracts, agency contracts, collaboration agreements, limits of expression, the Freedom of Information Act, and tax laws. Plus, it includes numerous sample forms, such as a ready-to-use electronic rights clause, a model contract for licensing articles to magazines, a checklist for avoiding defamation and invasion of privacy, and much more. Copublished with the Authors Guild, this book is a must-have addition to any writer's library.

Author Biography

Tad Crawford, author of Legal Guide for the Visual Artist (Allworth Press, Fifth Edition, September 2010), has served as general counsel for the Graphic Artists Guild, lobbied on the state and federal level for artists’ rights, and taught art law at the School of Visual Arts. The publisher for Allworth Press, he lives in New York City.

Table of Contents

Acknowledgments	xiii
The Business of Writing	1	(10)
Disclaimer
Writers Groups
Do Authors Need Lawyers?
The Value of The Writer's Legal Guide
Copyright: Gaining and Keeping Protection	11	(18)
The Value of Copyright
The Governing Copyright Law
What Works May Be Copyrighted?
What Works Does U.S. Law Cover?
Term of Copyright
Transfers and Licenses
The Author's Termination Rights
Special Copyright Concerns When Licensing Rights to Periodicals and Other Collective Works
Writing Contests and Copyright
Publication with Copyright Notice
Copyright: Registration and Deposit	29	(20)
Advantages of Registration
Choosing the Copyright Form
Group Registration
Deposit Copies
Copyright: Works Made for Hire, Joint Works, and Community Property	49	(12)
Who Is an ``Employee'' for Copyright Purposes?
Specially Commissioned or Ordered Works
Joint Works
Divorce and Copyright
Copyright: Infringement, fair Use, and Permissions	61	(20)
The Elements of Infringement
Copyright Infringement and Vicarious
Liability
Damages for Infringement
Statute of Limitations
Who Is Liable for Infringement?
Fair Use
Obtaining Permission to Copy
Fighting Infringement Online
Copyright: Past and Present	81	(14)
Intellectual Property
A Monopoly on Copying
Copyright in the United States
International Copyright Protection
U.S. Protection for Foreign Writers
Enhanced Enforcement
Protecting Electronic Rights
The Legacy of Copyright
Other Rights of the Writer	95	(16)
Protection of Ideas
False Attribution
Moral Rights
Horn to an Author's Reputation
Right of Privacy
Right of Publicity
The Limitations on Free Expression	111	(20)
Defamation
First Amendment Limits to Defamation Liability
Other Limits to Liability
Invasion of Privacy
Avoiding Defamation and Invasion of Privacy Claims
Protecting Confidential Sources
Other Causes of Actions
Censorship
The Freedom of Information Act	131	(10)
How to Make a Request
Exceptions to the Disclosure Requirement
Case Study-The National Magazine v. the Department of State
Contracts: An Introduction	141	(10)
Offer and Acceptance
Consideration
Competency of the Parties and Legality of Purpose
Written and Oral Contracts
Warranties
Assignments of Contracts
Nonperformance Excused
Remedies for Breach of Contract
Substantial Performance
Statutes of Limitation
Bailments
Contracts for Readings and Lectures
Negotiating a Book Contract	151	(26)
Preamble
Grant of Rights
Delivery of Manuscript
Publication
Payment
Free Copies and Author's Discount
Revised Editions
Out-of-Print Provision
Bankruptcy
Termination
Agency Clause
Adjudication of Disputes
Option Clause
Noncompete Clauses
Periodical and Syndication Contracts	177	(8)
Grant of Rights
The Assignment and Due Date
Fees, Expenses, and Payment
Other Contract Issues
Electronic Rights
Syndication
Film and Television Contracts and Dramatic Productions	185	(12)
Film and Television Options-Book and Freelance Authors
Film and Television Options-Screenplays
Dramatic Productions
Electronic Rights, E-Books, and Audio Licenses	197	(14)
Digital Reuses of Freelance Contributions
The Authors Registry
E-Books
E-Book Contracts
Audio Licenses
Literary Agents and Agency Agreements	211	(12)
Finding an Agent
Choosing an Agent
Agency Agreements
Termination of the Agency Relationship
Separate Payments
Collaboration Agreements	223	(6)
Copyright and Authorship
Attribution
Income and Expenses
Control of the Work
Dispute Resolution
The Publishing Contract
Book Packagers	229	(4)
The Self-Publishing Option and Subsidy Presses	233	(10)
Backinprint.com
Self-Publishing Options
Subsidy Presses
Taxes: Income and Expenses	243	(18)
Record-Keeping
Types of Income
Professional Expenses
Schedule C-EZ
Taxes: Beyond Schedule C	261	(8)
Self-Employment Tax
Estimated Tax Payments
Retirement Plans for the Self-Employed
Other Tax Credits and Deductions
American Writers Living Abroad
Foreign Writers in the United States
The Hobby Loss Rule	269	(8)
The Initial Test: Three Years Out of Five
Profit Motive: Nine Factors
The Cases
The Bottom Line
Estate Planning for Professional Authors	277	(10)
Bequests Through a Will
Trusts
Estate Taxes
How to Avoid or Resolve Disputes	287	(4)
Negotiating Disputes Outside of Court
Mediation and Arbitration
Small Claims Court
Other Resources and a List of Volunteer Lawyers for the Arts	291	(8)
Selected Bibliography	299	(4)
Index	303