Category Archives: Intellectual Property

Bankruptcy Clauses In Publishing Agreements

Many publishing agreements include bankruptcy clauses to protect the author, for example:  In the event of the bankruptcy, insolvency or liquidation of the Publisher, this Agreement shall terminate and all rights granted to the Publisher shall revert to the Author automatically and without the necessity of any demand or notification. Sounds good. But is it  … Continue reading Bankruptcy Clauses In Publishing Agreements

Google Book Scan Lawsuit Decision

I have written before about the Author’s Guild copyright infringement lawsuit against Google for its unauthorized digitizing of copyrighted works.  Now, after eight years of litigation, we have a decision. Briefly, in 2005 the Author’s Guild and other plaintiffs filed a class action lawsuit against Google for its “Book Search,” alleging that Google violated the … Continue reading Google Book Scan Lawsuit Decision

The New Copyright “Small Claims” Proposal

Background:  Perhaps the greatest intellectual property dilemma facing American writers is the difficulty of enforcing copyright claims when the damages are not large – and, conversely, the high cost of defending against frivolous or unjustified claims.  Currently, all infringement lawsuits must be brought in federal court, and registration of the copyright is a precondition.  (Unless … Continue reading The New Copyright “Small Claims” Proposal