Merchandising 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. It is...
Read MoreNondisclosure Agreements
Q. I have written a novel with a unique concept, and intend querying agents and publishers. I want to protect myself from the theft of my idea and my novel’s title. I’ve heard this can be accomplished by asking the agent or publisher for an “NDA.” What is that? A. Many new writers are under the impression that the “theft” of their ideas is a legitimate concern. Time for some myth busting:...
Read MoreProtecting Against Infringement
The best protection against copyright infringement is constant vigilance. Whether you have a publisher or are self-published, you should perform an Internet search for your name and your book titles at regular intervals. You also should set up Google Alerts with the same information (www.google.com/alerts). What action can you take when you find some or all of your novel published on a...
Read MoreArbitration Clauses in Publishing Agreements
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 argument or complaint to a supposedly neutral arbitrator or panel of arbitrators, who weigh the facts and arguments of both parties and decide the dispute. The parties give up their right to have a court decide the dispute....
Read More“Industry Standard” Provisions
Q. What is meant by “industry standard” provisions in publishing agreements? B. One of the greatest annoyances for publishing attorneys and literary agents is encountering authors, or their representatives, unfamiliar with standard terms of publishing agreements. The most exasperating occur when the author is being advised by a “contracts attorney” who may know a lot about contract law but knows...
Read MoreCopyright Registration Before Submissions
Q. Should I register copyright in my manuscript before submitting to an agent, editor, or publisher? A. First, a refresher. Copyright registration is NOT necessary to obtain copyright protection in the United States, but it is a prerequisite to the filing of a copyright infringement suit. If registration is made within three months after first publication of the work or before an...
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