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
Q.. I’m in a writer’s group. If I distribute my novel to the group, do I lose copyright? A. No, you can’t “lose” your copyright unless you assign or transfer your copyright in writing. The correct question is “Have I met the definition of ‘publication’?” Why is it important that you have “published” your novel? … Continue reading Writer’s Groups
An agency clause is a paragraph of legalese in your publishing agreement. It gives your agent the right to collect all royalties (including advances) directly from the publisher. The agent then deducts her commission from that amount, and sends the remainder to you. The agency clause isn’t required by your publisher — it has no … Continue reading Agency Clauses in Publishing Agreements
The Poor Man’s Copyright is one of those apocryphal ideas that almost, but not quite, rises to the status of urban legend (unfortunately, it’s not as scary as exploding toilets). I have encountered many otherwise sophisticated authors who not only believe in this charming fantasy, but also practice it. Here’s the idea: Whenever you send … Continue reading The “Poor Man’s Copyright”
Q. What’s the status of the e-book price fixing lawsuit against Apple and other publishers? A. Last April, the Justice Department filed an antitrust lawsuit against Apple and five major publishers: Simon & Schuster, HarperCollins, Hachette, Penguin Group and Macmillan – collectively, five of the “big six” U.S. publishers. The government alleged that the publishers … Continue reading E-Book Price Fixing
Q. I’m confused. What’s the difference between copyright infringement and plagiarism? Aren’t they the same? A. Your confusion is typical. The two aren’t the same – but they CAN overlap. Indeed, plagiarism can be copyright infringement, and vice-versa, but it’s also possible to plagiarize without committing copyright infringement, and infringe a copyright without plagiarizing. First, … Continue reading Copyright vs. Plagiarism