Table of Contents
Acknowledgments
Introduction
Chapter 1: The Freedom to Write
Political Speech
Judicial Proceedings
Commercial Speech
Pornography
Time, Place, and Manner Restrictions
Chapter 2: Privacy, Defamation, and Other Content Issues
Privacy Rights
Defamation
Negligence
Chapter 3: Copyright
What Is Copyright?
Ownership
What Can Be Copyrighted?
Trademark Issues
Chapter 4: Copyright Protection
Creation of Copyrights
Transferring or Licensing Copyrights
Duration of Copyright
Copyright Notice
Deposit and Registration of Copyrights
Chapter 5: Copyright Infringement
Infringement
Fair Use
Chapter 6: Access to Information
The Freedom of Information Act
State Public Information Laws
Access to People and Places
Recording Interviews
Seeking Help
Chapter 7: Publishers
Protocol
Legal Aspects of Submissions
Misappropriation
Dealing with Common Issues
Chapter 8: Literary Agents
Fees
The Duties Between Agent and Client
Liability for the Acts of an Agent
Termination of Agency
Agent Contracts
Chapter 9: Alternatives to Mainstream Publishers
Vanity and Print-on-Demand Presses
Self-Publishing
Ebook Publishers
Chapter 10: Working with Other People
Scope of the Agreement
Warranty and Indemnification
Term of Agreement
Ownership of Rights
Manuscript Issues
Expenses
Compensation
Use of Material
Termination
Death or Incapacity
Dispute Resolution
Boilerplate Terms
Chapter 11: Contracts
Offers
Acceptance
Consideration
Form of Contracts
Capacity to Contract
Acceptable Forms for Written Contracts
Illegal Contracts and Literary Profits Laws
Unconscionability
Remedies
Chapter 12: Book Contracts
Advances
Royalties
Format and Content of the Manuscript
Alterations
Publication
Revisions
Copyright
Subsidiary Rights
Warranty and Indemnity
Covenants Not to Compete
Termination and Reversion
Option Clause
Multiple-Book Contracts
Author’s Manuscript
Arbitration
Authorship Credit, Free Copies, and Writer Purchases
Agency Clause
Boilerplate Provisions
Chapter 13: Magazine Contracts
One-Time Publication
Serial Rights
Time Period for Publication
Republication or Adaptation of a Work
Kill Fees
Other Clauses
Chapter 14: The Internet
Increased Magnitude for Problems
Opportunities
Using the Web to Evaluate Publishers, Agents, and Editorial Services
Chapter 15: Writing as a Business
Sole Proprietorship
Partnerships and Other Collaborations
Unintended Partners
The Limited Partnership
The Corporation
The Limited Liability Company
The Limited Liability Partnership
Benefit Corporations
Precautions for Minority Owners
Formalities
Consulting an Attorney
Chapter 16: Keeping Taxes Low
Qualifying for Business Deductions
The Home Office Deduction
Other Business Expenses
Charitable Deductions
Grants, Prizes, and Awards
Deferring and Spreading Income
Chapter 17: The Writer’s Estate
The Will
Distributing Property Outside the Will
Estate Taxes
Professional Estate Planning
Chapter 18: Avoiding and Resolving
Prudence and Common Sense
Preventive Law
Resolving Disputes in General
Going to Court
Selecting an Attorney
Appendix: Internet Resources
Glossary
About the Authors
Index