Legal Issues In Agency Agreements
Many authors are unaware of legal issues in agency agreements that can be traps for the unwary unless their implications are fully understood. They come under three broad headings, what I call the Exclusive Agency, the Forever Agency. and the Powerful Agency: 1. The “Exclusive” Agency. Typically in an agency agreement, the author makes the agent his “sole and exclusive...
Read MoreQ&A: International Copyright
Q. Is my U.S. copyright valid in other countries? If not, how do I gain copyright protection in another country? A. In most foreign countries, your U.S. copyright will be protected without any additional steps, despite the fact there exists no true “international copyright.” Historically, each country has had its own system for protecting intellectual property rights such as copyright,...
Read MoreQ&A: Interpretations of Historical Events
Q. May I use another author’s interpretations of historical events in my novel? A. This question can be important to authors of historical thriller and mysteries. In the case of Crane v. Poetic Products, Ltd. (S.D. NY 2009), a federal district court was presented with this very issue. The dispute involved an allegation that a play (The Last Confession) based on the death of Pope John Paul I...
Read MoreThe Agency Agreement
For many writers the first milestone to publication is the holy Finding of The Agent. Agents have become the screeners and gatekeepers for major publishing houses, and receiving an offer of representation from an agent is certainly cause for celebration. At that magical time, you will be presented with your agent’s “standard” agreement for signature. The first step in evaluating the...
Read MoreQ&A: Orphan Copyrights
Q. Do I need to bequeath my copyrights to my beneficiaries to avoid my works becoming “orphans” after my death? Also, does a “regular” will automatically include my copyrights, or is specific language necessary? A. In general, your copyrights will NOT become “orphans” after your death, even if you don’t specifically mention them in your will— and even if you don’t have a will. Let me...
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