Q&A: Trademarks in Titles
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...
Read MoreQ&A: Firing Your Agent
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...
Read MoreWhy You Need A Will
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...
Read MoreCollaboration Agreements
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...
Read MoreQ&A: Using Co-Author’s Characters
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...
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