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
Q. I have been given a contract that requires me to waive “moral rights” in my work. What am I giving up? I consider myself a moral person. A. Moral rights actually have nothing to do with what morality – i.e., principles concerning right and wrong, or good and bad behavior. Instead, moral rights are … Continue reading What Are Moral Rights?
In the movie “The Princess Bride” the hero, played by Cary Elwes, is tortured to death. Except it turns out he’s only “mostly” dead, and he can be revived. Likewise, Getty Images now are “mostly” free. Some background. Contrary to what many people believe, photos, drawings, and images are protected by copyright law, and you … Continue reading Getty Images’ New Policy
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
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