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12

IANAL, and you should ask a lawyer (and in the future, please, never ever again sign a contract you do not understand), but for me it reads like this: You will retain all rights to the content of the Work. We do not own rights to your Work ... You haven't sold any rights. You still hold every right of your work. Which includes publishing it elsewhere. ...


11

WHERE? It differs from country to country. In the US, you can register it with the Copyright Office. In other countries usually there's some counterpart to that. Note - you already own copyright for your book. It happened the moment you saved the final form, automatically. Still, if you want your rights protected, you need some means of proving that you ...


9

If you really think someone is going to use your book as a how-to, then write a preface which is a single large, comprehensive disclaimer. Put all the "don't do this at home" copy there, and if it's an e-book, throw in the occasional link back to it. (Also, don't publish genuine secrets, and you may want to have the number of a good lawyer on hand as a ...


8

Would it count as "previously published" if it appeared in your (print) newspaper, but it was three years ago and nobody is likely to still have old copies lying around? This seems like an analogous case. Your blog post, if it was at any time public, probably is still out there, in the Wayback Machine if nothing else. (And the newspaper might well be in ...


7

The specific issues you are dancing around are "Trade mark dilution" and "Libel and slander". Trade mark worries can be mitigated by: not using the exact mark, and not using it in the same industry. Pepsi and Microsoft do not write novels. Using anagrams of the mark is not the same mark. For example, Pepsi-cola and Coca-cola are different trademarks. ...


7

Be very careful. Just because 'everyone knows' something doesn't mean that it's actually true, or that there's enough evidence for you to convince a judge that it's true when you get sued for libel. If you're going to write something that could be seen as an attack against someone, make sure you have all your evidence to hand before you do so, and make sure ...


7

has anyone seen a similar situation which helps shed light on this grey area? I have in front of me two publications: Common LISP: The Language, by Guy Steele (et al.) and published by Digital Press, and Common LISP: The Index, by Rosemary Simpson and published by Coral Software Corp and Franz Inc. Both were published in the US in the 1980s. I was ...


6

There is no way to absolutely prevent lawsuits; if you're going to cover controversial topics and name names, there's a risk that people will get upset and seek to take action. But there are some things you can do to "write defensively", so to speak. Following are some things I was taught in college in a journalism context. Attribute claims to sources. ...


6

Your contract should spell out what, if any, rights you have to use the cover art and/or book excerpts for promotional purposes. Typically, smaller or independent presses will be more than happy to add in those rights during negotiation since they will typically have a much smaller budget for promotion and will rely on the author to do much of the ...


5

While technically you could claim a copyright on your collection, you would not have any claim of copyright for any of the individual poems included in that collection. The problem would be in getting any publisher to allow you to actually publish the collection. All of the major e-book publishers have very strict guidelines regarding the republishing of ...


5

To answer this question, I inquired with the American Society for Indexing. I asked: Is it legal to create an index of a book and publish that index, without consulting the autor or publisher of that book? I received the following answer: According to US copyright law, copyright in an index exists separately from the original work that is being ...


5

In brief: Yes. But: If you make a direct (word-for-word) copy of a news story, then you'll be in breach of copyright. If you write a story with characters in it who are clearly based on specific living people then you (or your publishers) risk being sued for libel by those people if they think that your story disparages them unfairly. That's the ...


4

Great question, and I don't have a definitive answer. I believe the answer is no (in the book sense), I've been told there is a difference between "previously available" and "published." A good thing to check out would be those books that are actually just compilations of blog entries. For myself, I would likely put on the copyright page of the book "Parts ...


4

It sounds as if you're looking for an authoritative definition of "previously published." There may be such a definition, but I suspect not. More importantly: I don't think you need one. Instead, let the publishers decide. When you submit your manuscript, inform them of where and when you previously made your book available to the public, and let them ...


4

If your index doesn't contain any of the original work's text, I fail to see how it could be considered copyright infringement. Since it can't be used without the original text, it's not infringing on the author's ability to make a living off their work. Possibly even the contrary.


3

The book's copyright page will identify who owns the copyright to the material. This will typically be the author, or the publisher, or both. Contact the copyright owner and negotiate to obtain the rights. If you need more than that, see The Copyright Handbook, which has a chapter on how to obtain copyright permissions.


3

This has nothing to do with the law, but my own personal ethics. Understand that the two are in no way correlated, given that the law is often an arbitrary beast. There is a saying--often attributed to Admiral Grace Hopper--that it is often better to ask forgiveness than permission. I don't believe in asking permission to do anything creative or productive ...


3

I have had something like this happen: someone I worked with many years ago, but whom I did not know well, published two books (or more) using my first and last name as a pen name. The problem? First of all, it was an embarrassing book on a psychological disorder, and at least twice in my career I was asked if I had it before I knew about the book. ...


3

In Massachusetts, the state bar association has a referral service: if you go through them to find a lawyer, the person you talk to will charge only $25 for a half-hour consultation. If your state has something similar and you want a definitive answer, I would encourage you to use it. That being said, here is my opinion as a non-lawyer: if your pen name is ...


3

It's their cover and their interior. Naturally they would copyright those. If the rights to your book ever revert to you, you can publish it with whatever cover and interior you can get the rights to.


3

Don't forget this precedent: the HAL 9000 computer in Clarke's 2001: A Space Odyssey was formed by transposing the letters of IBM down one letter in the alphabet: H <- I A <- B L <- M


3

In the question you've linked to, it discussed in depth about how copyright works with characters. Surely you question is answered there? Regardless of the medium, the same applies. The key point is a fictional character must be specifically described and fully developed This is nigh-on impossible to achieve in a song, given the limited length. IANAL ...


3

With those terms, you can publish it with another publisher SIMULTANEOUSLY. You just can't take Partridge's formatted version, after they've done the work of formatting your text, and let someone else publish the exact same thing. The .txt or .doc (or whatever) file that YOU made, that you originally brought to Partridge, is YOURS, and you can take THAT to ...


3

In the U.S., anyone can sue anyone. That doesn't mean they win, and you can counter-sue for your damages incurred defending against a baseless lawsuit. Plus, of course, most celebs wouldn't want to be seen as bullies. Stick to the facts and you will be fine. However, start injecting your opinions in there, and you could get into trouble. This is ...


2

I have never encountered such a rule or law that prohibits the use of names derived from reality that you already altered. I can't give you any basis, but I am sure that it is allowed and that you are not violating any laws. I may edit my answer if I happen to see my basis.


2

For what you need to do legally, you'll need to consult a lawyer in your jurisdiction. Laws vary. The rest of this answer is about practical considerations. First, are you on good terms with the person whose email you want to use? Do you want to be on good terms after you publish your work? If so, then talk with this person. Nobody likes surprises, and ...


2

I guess the answer will depend on your country. In many European countries, emails fall under the "Secrecy of Correspondence", and breaking this can result in a prison sentence. What the laws of your country say about this, I wouldn't know. The Wikipedia article mentions the situation in the United States. Another legal question in this situation is ...


2

I'm not at all sure what you're trying to do. Are you writing satire? As far as I know, there isn't really such a thing as the Illuminati. The Bavarian Illuminati was a pro-Enlightenment movement that more or less dissipated in the 19th century, and while many other people have claimed over the years that there are shadowy figures behind everything, this ...


2

The important part here is that you always and already own the copyright to your work, at least in all 167 countries that have signed the Berne Convention. There is nothing you need to do to own it. Even in the US, registration of a work with the Copyright Office is not a prerequisite for copyright protection, according to section 408 of the U.S. Copyright ...


2

I am not a lawyer. Following that disclaimer, about disclaimers: The disclaimer is used to combat accusations of defamation. Defamation requires: 1. A defamatory statement, 2. Of and concerning the plaintiff, 3. Publication, and 4. Damages. (2nd Restatement of Torts Section 558). Damages are presumed in a libel action and presumably publication (technically ...



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