Q. Do I need to bequeath my copyrights to my beneficiaries to avoid my works becoming “orphans” after my death? Also, does a “regular” will automatically include my copyrights, or is specific language necessary? A. In general, your copyrights will NOT become “orphans” after your death, even if you don’t specifically mention them in your … Continue reading Q&A: Orphan Copyrights
Q. Do I need to bequeath my copyrights to my beneficiaries to avoid my works becoming “orphans” after my death? Also, does a “regular” will automatically include my copyrights, or is specific language necessary? A. In general, your copyrights will NOT become “orphans” after your death, even if you don’t specifically mention them in your … Continue reading Q&A: Avoiding the Orphanage
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. May I use a trademarked word as the title of my novel? Also, I’ve heard that it isn’t legal to use trademarks in a book, yet I see them being used all the time. Can you explain? A. Let’s begin by defining terms. A trademark is a word, phrase, symbol or design, or a … Continue reading Q&A: Trademarks in Titles
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