Q&A: Trademarks in Titles

Posted by Dan Steven on Mar 17, 2011

Q.   May I use a trademarked word as the title of my novel?  Also, I’ve heard that it isn’t legal to use trademarks in a book, yet I see them being used all the time.  Can you explain?  A.  Let’s begin by defining terms. A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party...

Q&A: Firing Your Agent

Posted by Dan Steven on Feb 18, 2011

Q.   My agent hasn’t sold my novel, hasn’t made specific submissions I have requested, and has otherwise failed to represent me adequately.   I have completed a second novel and wish to get a new agent, but my current agency agreement has a term of one year, with five months left.  Can I terminate the agreement right now?  A. Whether you can terminate any agreement before its term depends on the...

Why You Need A Will

Posted by Dan Steven on Feb 10, 2011

Contrary to a widely-held belief, dying without a will doesn’t mean your property passes to the State, which then uses the money to buy new park benches. Instead, local laws determine your estate’s beneficiaries; these are the laws of “intestacy.”   In most states, one half of non-jointly owned property (titled in your name alone) passes to your spouse, the other half to...

Collaboration Agreements

Posted by Dan Steven on Dec 20, 2010

A collaboration agreement is a contract between the authors of a joint work setting forth respective ownership, rights, credits, royalties, expenses, and responsibilities.  If you are collaborating with someone on any significant work – a short story or a novel – you should have a collaboration agreement.  Let’s look at the key issues: Ownership of Rights. By default under copyright law, all...

Q&A: Using Co-Author’s Characters

Posted by Dan Steven on Nov 19, 2010

Q.    I wrote a novel with a co-author.  Now my co-author wants to write another novel (without me!) using the characters from our joint novel.  Can she do this without my permission? A.  Presumably you and your co-author didn’t have a collaboration agreement (or that agreement didn’t cover the issue of derivative works).  Unfortunately, joint authorship without such an agreement can cause major...