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Helpful Articles

 

Contract

Negotiating Collaboration Agreements (Lloyd J. Jassin)
If avoiding conflict is not sufficient reason for having a written collaboration agreement, take note that many publishers contractually require one.

What Not to Miss When Negotiating Your Publishing Agreement (Lloyd J. Jassin)
Parties' rights and obligations. A book contract checklist.

Working with Freelancers (Lloyd J. Jassin)
Article explores aspects of work for hire from the hiring party's point of view.

Copyright

The Art of Clearing Public Domain Materials (Lloyd J. Jassin)
How to determine if a work is in the public domain. Also deals with non-copyright problems that may arise. Originally published in the IBPA Newsletter.

Author Collaboration Agreements (Lloyd J. Jassin)
If more people read this article, I'd be present at fewer creative divorces. How we grapple with joint authorship issues. Originally published in the Authors Guild Bulletin.

Copyright Alert: Eminem Decision's Impact on Digital Royalty Rates (Lloyd J. Jassin)
What should musicians and authors be paid for digital downloads? With implications for the publishing industry, the 9th Circuit held that Eminem was entitled to 50% of digital sales

Copyright Termination of Book & Music Publishing Contracts (Lloyd J. Jassin)
Termination rights can't be waived, and the right trumps written contracts -- even contracts for the life of the copyright. Written for authors and their heirs. A primer on how to recapture a copyright.

Fair Use in a Nutshell (Lloyd J. Jassin)
Understanding fair use will help you determine if you need to obtain permission or clear a license.

Locating Copyright Holders (Lloyd J. Jassin)
With a reasonable amount of effort, you can locate many copyright owners. How to approach a typical clearance project, and locate who owns the work you wish to use. Includes helpful links for locating copyright owners.

Ten Common Copyright Permission Myths (Lloyd J. Jassin)
A clear and concise discussion of copyright myths in question and answer format.

When Does a Movie Infringe a Novel's Copyright? (Lloyd J. Jassin)
Explores the thin line between permissible and impermissible copying. Originally published in Screenwriter Magazine.

Work for Hire Agreements (Lloyd J. Jassin)
Tips for publishers and producers on how to avoid copyright disputes. This article answers the question, "Who owns the copyright?"

Digital Rights

Amazon's Lending Library (Lloyd J. Jassin)
Could Amazon’s lending library end them up in court? Yup. Should they be hauled off to copyright jail? Nah. Discusses content moving to the clouds and publishing models based on digital royalties from a subscription revenue model.

Do Legacy Publishers Control Rights to their Legacy Titles? (Lloyd J. Jassin). Answer: Yes, but not for much longer. Transcript of my 9/28/10 presentation at PW & BISG seminar entitled The Future of Publishing: Know Your eBook Rights.

Enhanced e-Books 101: Music Clearance Strategies (Lloyd Jassin & Adam Ness)
An easy-to-follow discussion about clearing music rights for enhanced eBook projects.

Is Your Publishing Contract Enhanced eBook & iPad Ready? (Lloyd J. Jassin)
What Legal Lessons Can the 7-Inch Single Teach the Publishing Industry?

Pornification of Book Publishing (Lloyd J. Jassin)
What happens when free becomes too much to pay for an eBook? Note risqué book jacket.

Who Controls eBook Rights? (Lloyd J. Jassin)
Looks at HarperCollins' lawsuit against eBook publisher Open Road, and the role legacy publishing contracts, and contract ambiguity, plays in the battle over lucrative eBook rights

Why is Amazon Willing to Sell a Kindle Fire for $50.00 Below Cost? (Lloyd J. Jassin)
It's not just about books, it's about an e-reader hybrid tablet that will compete with cable and satellite television providers.

Forms

Author Marketing Questionnaire -- An Author's Most Important Writing Assignment (Lloyd J. Jassin)
The Author Questionnaire provides a publisher with invaluable guidance on sales, promotion

Short-Form Copyright Assignment

Publishing Agreement Negotiation Checklist (Lloyd J. Jassin)
Traditional book publishing contracts are for the life of the author + 70 years. When negotiating a book publishing contract, you need to keep these issues in mind.

Work for Hire Agreement (Lloyd J. Jassin)


First Amendment

PMA's Commitment to Free Speech (Lloyd J. Jassin)
Originally published in the PMA Newsletter.

Libel

Interviews, the Law, and the Writer (Lloyd J. Jassin).
Jeff Rivera asks , and I answer questions on interviewing basics for writers. From Galley Cat's "Ask the Lawyer" series.

Legal Consequences of Using Real People in Fiction (Lloyd J. Jassin)
Jeff Rivera asks, and I answer. From Galley Cat's "Ask the Lawyer" series.


Trademark

Fighting Facebook “Name Squatters” (Lloyd J. Jassin)
How to prevent Facebook "username-squatter" from stealing your brand or name.

Proper Use of Trademarks (Lloyd J. Jassin)
Did you know that faulty trademark grammar, and lack of quality control over the use of your mark, can be fatal to your trademark? Spend a little time educating yourself on the proper use of trademarks.

Should I Copyright My Title? (Lloyd J. Jassin)
Jeff Rivera asks me, and I answer. From Galley Cat's "Ask the Lawyer" series

Trademark Basics (Lloyd J. Jassin)
How to choose and protect a business name or logo. The article discusses proper "trademark grammar," protection of domain names and literary titles.

Trademark Checklist (Lloyd J. Jassin) Keep these 11-points in mind when selecting your trademark, and evaluating the results of your preliminary TESS search.

Trademark Law & Book Titles (Lloyd J. Jassin)
How authors and publishers can use trademark law to create multiple passive income streams.

Trade Dress Protection: How to Tell a Book by Its Cover (Lloyd J. Jassin)
How distinctive book jackets and product configurations may be protected under trademark law.

Trademark Electronic Search System (United States Patent & Trademark Office). Before investing in a trademark, you must determine if it's available for use and registration. While you can't rely solely on TESS, this free online database is a very good starting place.

Trademark Questionnaire (Law Offices of Lloyd J. Jassin). Based on the information you provide us, one of our attorneys can design a cost-effective trademark registration program tailored to your needs and in compliance with the USPTO's technical guidelines.

Trusts & Estates

Copyright Termination: Getting Back Your Copyrights (Lloyd J. Jassin)
Written for heirs of deceased authors and composers. You may own a valuable copyright termination right and not know it.

Selecting a Literary Executor (Lloyd J. Jassin & Ronald Finkelstein)
Advance planning is critical to ensure your literary legacy is protected after you die. This article explores how to select a Literary Executor, and his or her duties.

Miscellaneous

What Every Publisher Should Know About Publishers Liability Insurance (Lloyd J. Jassin & Steven C. Schechter) Adapted from The Copyright Permission and Libel Handbook by Jassin & Schechter.


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Disclaimer: The information contained in this website is not intended as legal advice. Because the law is not static, and one situation may differ from the next, we cannot assume responsibility for any actions taken based on information contained herein. Also, be aware that the law may vary from state. Therefore, this website cannot replace the advice of an experienced attorney. Receipt of this information does not create an attorney-client relationship.

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