Authors and Publishers
Getting a book or article out to the public requires more than a good idea and a keyboard. Legal clearances, contracts, and protections are crucial factors in the creation and publication of a written work. Getting an experienced legal team involved early can ensure a work gets published and distributed.
What Can a Lawyer do For You?
As lawyers specializing in the legal issues that arise in the creation, publishing, and distribution of written works, we help our clients with contracts, manuscript review, clearances, copyrights, trademarks, licensing, and everything else necessary to publish and distribute. This includes drafting, negotiating, and reviewing all sorts of contracts like publishing agreements, work for hire agreements, distribution agreements, life rights agreements, and option agreements. It includes protecting the copyright in the work and trademark protection of names and logos. And it means answering questions about the ins and outs of creating and publishing successfully. Essentially, we are here to handle the business and legal stuff so you can get the work out there! Please reach out to us at Creative Law Network if you have any questions. We’re here to help!
Legal Checklist:
They say we all have a story to tell, but authors are able to put those stories into a form to be enjoyed by all. Getting those stories out into the world can involve a lot of business and legal issues. Making sure these things are in order and done correctly can set you apart and put you on a path to success. So we’ve put together this basic checklist for authors and publishers. This list isn’t exhaustive or in any particular order, and not every item is relevant to every person. It can be a guide to keep you on the right page as you build a career in the literary world.
Registering the copyrights in written works is a really important step! (Look here for more about copyrights.) Copyrights not only protect the rights in the works, but are a crucial tool for professional publishing and distribution.
Authors, editors, and illustrators want to be clear about who owns what! Copyright law says that if someone contributes to a work, they are a co-owner unless they say otherwise in writing. A Work for Hire Agreement is one way to clarify ownership in the copyright of a work.
Authors who are self-publishing through digital publishing services should thoroughly review the terms, conditions, publishing, and distribution agreements from these services. Understanding what these services offer, what they may take, and what rights you have, is really important when it comes to the control of your work and business.
Are you an author writing about real people? If so, it is important to be fully truthful in what you write. Defamation is the communication of a false statement about another that unjustly harms their reputation. Writing falsities, or even exaggerations about the facts of a matter, can land you in hot water. Some authors writing about real people and events choose to anonymize the subjects. Engaging a lawyer to review your work to see if anything rises to the level of defamation can be a good protective measure.
Do you have a book garnering interest for development into film or television? These types of deals can be complicated and having experienced legal aid can help ensure you maintain your rights, your control, and get paid what you deserve!
If you operate under a business or trade name, that name is a trademark and should be protected. Federal trademark registration is the best protection for your business/trade name and/or logo. (Look here for more about trademarks.)
Forming a company (like a limited liability company (LLC) or corporation) is a useful tool to run your business and protect you from personal liability. (Look here for more about business formation.)
CONTRACTS! While contracts may not be fun, they lay out the necessary terms for any deal. Getting solid contracts in place is crucial and can help avoid legal problems in the future. Contracts such as publishing agreements, distribution agreements, work for hires, life rights, and option agreements can all be important for a successful project. Creative Law Network can draft or review these agreements to best serve you and protect your rights!
If you need any help with anything listed above, please reach out to us at Creative Law Network!