Q&A Interview Releases
Question: One of our authors has submitted a book containing lengthy transcripts of previously unpublished interviews conducted in the 1960s. The location and existence of the interviewees are unknown, and there are no written interview releases. How can the book be registered for copyright? — submitted by the publisher of an independent press Answer: Unfortunately, if the author does...
Read MoreMerchandising Rights
Merchandising rights are a frequently misunderstood (and often overlooked) part of publishing agreements. They are the right to market, sell, and license physical and tangible articles related to your copyright ownership, such as t-shirts, posters, action figures, games, etc. – even your book’s cover art. They are part of the cluster of “derivative” rights inherent in your copyright. ...
Read MoreQ&A: Arbitration Clauses
Q. My latest publishing agreement includes an arbitration clause. Should I accept it? A. No. It sounds counter-intuitive, but litigation usually is a better option for authors (and consumers in general) than arbitration. Arbitration (not to be confused with mediation) is an “alternative” method of dispute resolution. In general, two disputing parties present their individual sides of an...
Read MoreUpdate On The Google Book Search Lawsuit Settlement
Background: Four years ago, the Author’s Guild and other plaintiffs filed a class action lawsuit against Google for its “Book Search,” alleging that Google violates the copyrights of authors and publishers in books by digitizing (scanning) them, creating an electronic database of books, and displaying short excerpts without the copyright owners’ permission. Google defended its practice by...
Read MoreQ&A: Web Linking Liability
Q. I’ve have a web site for my mystery novels, and I link to many other author and publisher sites. I’ve heard there can be liability for trademark or copyright infringement for such links. Can this be true? A. There have been numerous attempts to hold linking sites responsible for copyright and trademark infringement, and defamation. Linking may lead to claims of unfair competition and give...
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