Q. I have an “exclusive” agreement with my agent. What does this mean? A. Typically in an agency agreement, the author makes the agent his “sole and exclusive representative” or grants an “exclusive agency.” This terminology often is misunderstood by agents and authors (and even some so-called publishing attorneys whose web sites I have visited!). … Continue reading Q&A: Exclusive Agency Agreement
Q. My agent hasn’t sold my novel, hasn’t made specific submissions I have requested, and has otherwise failed to represent me adequately. I have completed a second novel and wish to get a new agent, but my current agency agreement has a term of one year, with five months left. Can I terminate the agreement … Continue reading Q&A: Firing Your Agent
Q. I wrote a novel with a co-author. Now my co-author wants to write another novel (without me!) using the characters from our joint novel. Can she do this without my permission? A. Presumably you and your co-author didn’t have a collaboration agreement (or that agreement didn’t cover the issue of derivative works). Unfortunately, joint … Continue reading Q&A: Using Co-Author’s Characters
Q. I have discovered an old novel I would like to rewrite, using the characters and the plot. Is this legal? A. Not if the novel still is under copyright; if so, your rewrite would be an infringement. The question then becomes how “old,” because if the book is NOT under copyright, it is in … Continue reading Q&A: Copyright In Old Novel
Q. Can you tell me, once and for all, what exactly is “fair use?” A. This is the single-most asked question of publishing lawyers. Thanks to the wonderfully dense language of Congressional bill writing committees, and the courts’ interpretation of their efforts, it is difficult to answer. Section 107 of the U.S. Copyright Act provides … Continue reading Q&A: Fair Use
Under general privacy law, the rights to a real-life story of a private individual rest with the individual. If you write a story or article based on that life, you must obtain the person’s permission. On the other hand, if your article or story is based on news reports or trial transcripts, or the individual … Continue reading Who Owns A True Story?