The Law (in Plain English) for Writers (Fifth Edition)
272
The Law (in Plain English) for Writers (Fifth Edition)
272eBook5th Edition (5th Edition)
Available on Compatible NOOK devices, the free NOOK App and in My Digital Library.
Related collections and offers
Overview
A career as a writer involves much more than the act of writing itself. In The Law (in Plain English) for Writers, Fifth Edition, Leonard DuBoff and Sarah Tugman proffer invaluable advice for the myriad legal and business facets of being a writer. Readers will discover how to succeed in every area affecting a writer's livelihood, such as submissions, dealing with agents, taxes, permissions, royalties, alternatives to mainstream publishers, copyright, book and magazine contracts, and how to prevent disputes.
This newly revised edition, keeping up with the changing legal landscape, contains information on a variety of legal issues pertinent to writers of all types, including:
- Updated coverage on issues such as how to avoid trouble posed by the interplay between the right to free speech, privacy, and defamation law
- Changes in the copyright law, procedures, and recent cases on copyright protection and infringement
- Updated and revised chapters on the business of writing
- New and updated Internet resources
Product Details
| ISBN-13: | 9781621536291 |
|---|---|
| Publisher: | Allworth |
| Publication date: | 04/03/2018 |
| Series: | In Plain English |
| Sold by: | SIMON & SCHUSTER |
| Format: | eBook |
| Pages: | 272 |
| File size: | 583 KB |
| Age Range: | 18 Years |
About the Author
Sarah J. Tugman graduated from Mount Holyoke College in South Hadley, Massachusetts, and magna cum laude from Lewis&Clark Law School in Portland, Oregon. She has maintained a private civil practice for the past thirty-three years in Anchorage, Alaska, and she is of counsel to the DuBoff Law Group. She is the coauthor, with Leonard D. DuBoff, of several books in the Law (in Plain English) series. She lives in Anchorage, Alaska.
Table of Contents
Acknowledgments xiii
Introduction xv
Chapter 1 The Freedom to Write 1
Political Speech 1
Judicial Proceedings 2
Commercial Speech 3
Pornography 5
Time, Place, and Manner Restrictions 8
Chapter 2 Privacy, Defamation, and Other Content Issues 9
Privacy Rights 9
Defamation 19
Negligence 30
Chapter 3 Copyright 33
What Is Copyright? 34
Ownership 35
What Can Be Copyrighted? 37
Trademark Issues 39
Chapter 4 Copyright Protection 41
Creation of Copyrights 41
Transferring or Licensing Copyrights 41
Duration of Copyright 45
Copyright Notice 47
Deposit and Registration of Copyrights 50
Chapter 5 Copyright Infringement 53
Infringement 53
Fair Use 58
Chapter 6 Access to Information 63
The Freedom of Information Act 64
State Public Information Laws 73
Access to People and Places 75
Recording Interviews 80
Seeking Help 81
Chapter 7 Publishers 83
Protocol 83
Legal Aspects of Submissions 88
Misappropriation 89
Dealing with Common Issues 90
Chapter 8 Literary Agents 93
Fees 94
The Duties Between Agent and Client 94
Liability for the Acts of an Agent 97
Termination of Agency 101
Agent Contracts 102
Chapter 9 Alternatives to Mainstream Publishers 103
Vanity and Print-on-Demand Presses 107
Self-Publishing 109
Ebook Publishers 111
Chapter 10 Working with Other People 113
Scope of the Agreement 114
Warranty and Indemnification 116
Term of Agreement 116
Ownership of Rights 116
Manuscript Issues 118
Expenses 118
Compensation 119
Use of Material 120
Termination 120
Death or Incapacity 121
Dispute Resolution 121
Boilerplate Terms 122
Chapter 11 Contracts 123
Offers 123
Acceptance 125
Consideration 126
Form of Contracts 127
Capacity to Contract 129
Acceptable Forms for Written Contracts 129
Illegal Contracts and Literary Profits Laws 131
Unconscionability 132
Remedies 133
Chapter 12 Book Contracts 133
Advances 135
Royalties 136
Format and Content of the Manuscript 139
Alterations 142
Publication 142
Revisions 142
Copyright 143
Subsidiary Rights 144
Warranty and indemnity 146
Covenants Not to Compete 147
Termination and Reversion 148
Option Clause 149
Multiple-Book Contracts 150
Authors Manuscript 150
Arbitration 151
Authorship Credit, Free Copies, and Writer Purchases 152
Agency Clause 152
Boilerplate Provisions 153
Chapter 13 Magazine Contracts 157
One-Time Publication 158
Serial Rights 158
Time Period for Publication 159
Republication or Adaptation of a Work 159
Kill Fees 159
Other Clauses 160
Chapter 14 The Internet 161
Increased Magnitude for Problems 161
Opportunities 162
Using the Web to Evaluate Publishers, Agents, and Editorial Services 163
Chapter 15 Writing as a Business 167
Sole Proprietorship 168
Partnerships and Other Collaborations 168
Unintended Partners 173
The Limited Partnership 173
The Corporation 174
The Limited Liability Company 178
The Limited Liability Partnership 179
Benefit Corporations 180
Precautions for Minority Owners 180
Formalities 180
Consulting an Attorney 181
Chapter 16 Keeping Taxes Low 183
Qualifying for Business Deductions 183
The Home Office Deduction 186
Other Business Expenses 190
Charitable Deductions 194
Grants, Prizes, and Awards 195
Deferring and Spreading Income 195
Chapter 17 The Writer's Estate 199
The Will 200
Distributing Property Outside the Will 203
Estate Taxes 207
Professional Estate Planning 210
Chapter 18 Avoiding and Resolving 213
Prudence and Common Sense 213
Preventive Law 214
Resolving Disputes in General 216
Going to Court 221
Selecting an Attorney 222
Appendix: Internet Resources 223
Glossary 229
About the Authors 241
Index 243