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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

The name on the book is a brand name. It's a sales tool. It need not relate in any way to the author's real name. Another way to think of it: If readers enjoy one of your books, you want them to be able to find and buy more of your books. So choose a name helps fans remember you and find more of your books. You do not want them to have to scan past another ...


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

Up front, I must say "I am not a lawyer." Heed the advice given above and consult a lawyer specializing in copyright law. That said, it seems clear to me right now that publishing in the UK should be fine, but you could open yourself to a legal challenge from the Conan Doyle estate if you publish your work in the United States and do not contact the estate ...


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. ...


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

If you are both publishing independently, then it doesn't much matter. Write up a contract spelling out everything, you both sign two copies, and Bob's your uncle. Examples of "everything": John Smith (hereafter "Author") is the creator of the SchmoopyWorld setting, environs, and characters (hereafter "Universe"). Copyright belongs to him, his assigns, ...


5

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. ...


4

Q1: Make sure you made it clear you are stating opinions, not facts. "He's a thief" is a libel. "In my opinion, he's a thief" is free speech. Also, until sentenced, the culprit is merely "allegedly culprit". IANAL so I'm not sure if more rules or exceptions to that don't apply. Q2: Make sure to read up on Fair Use. It's not much of reading but it's ...


4

Think it right, everything has legal risks, since anything can originate arguments that may seem as valid for somebody. That's the reason why court houses exist: to judge if an argumentation is legally valid. I know this might be a quite extreme affirmation but, yet, it's a valid one. In the first place, you have the legal right to have and express opinion. ...


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

That's a tricky question because the Creative Commons license allows a high degree of freedom. That means, there are lots of Creative Commons license flavors and you can check them better in their very page. Basically, when you choose the Creative Commons license, you choose also -- among other things -- if you: Allow or not people changing your work ...


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 ...


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

The simplest solution is for Stephen King to alter his byline somehow — to Steve King, or Stephen [X.] King (whatever his middle initial is), or Stefan King, or his childhood nickname Steverino Polpettino King, or a pen name like Charles Dickens. Failing that, a large captioned photo on the back cover and/or inside flap would help.


3

In the united states what you are as is probably fair use (fair dealing in other jurisdictions) but few companies understand fair use, so you will probably be sued and even if you win which might be problematic, I have seen district court judges ignore fair use, might be very expensive, so be careful. I would personally recommend a longer title such as ...


3

Well, there is one simple and universal answer: Ask Sushi Express for written permission. If the story puts their shop in a good light, they should be glad to provide it (free publicity/product placement) and you'll be in the clear legally. Otherwise, BESW's comment is right; that depends on your local legal system. Answers will vary depending on where you ...


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

I am doing exactly that. I created my own publishing company, which to date has published exactly one book. (My first book was published before I created this company, and I'm working on my third now.) The main reason I did this was so I could create my own imprint, i.e. publisher name and logo. It is also helpful -- I'm not sure if it's absolutely necessary ...


3

I think that a company "that acts like a publishing house" but has no other corporate activity is a (small) publishing house. The one obvious benefit will be if you are successful promoting and selling your own books, then you could take on other authors using the same systems and become a larger publishing house. Since this question is almost exclusively ...


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.


2

This is a legal question more than a writing question. You probably should find a lawyer or law-related site to ask. What country are you planning to publish in? Laws vary by country. But just based on my general knowledge of United States law: A judge might possibly issue an injunction based on preliminary findings. You should then have an opportunity to ...


2

I'm going to copy @JMcAfreak's disclaimer because it applies to me too. I'm glad user contributions are licensed with a Creative Commons license. DISCLAIMER: I am not a legal professional. The advice provided in this answer is not exhaustive and should not be considered complete. This information is worth exactly what you paid for it - nothing. If ...


2

I am not a lawyer, but... Defamation requires 1. A defamatory statement 2. About a recognizable individual that is 3. published. Slander, the verbal equivalent of libel, also has requirement for actual damage to result, something you don't have to show for libel. Starting at the beginning, what is a defamatory statement? This is basically anything that ...


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

(disclaimer: I am not a lawyer) “Sushi Express” is presumably a trademark, so if you use it as the title of the story, then you are trying to profit off their corporate reputation. Even if the story portrays the store in a favorable light, some insufficiently busy lawyer in Sushi Express’s corporate headquarters might decide that if anyone is going to make ...



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