Index
A
abatement, 201
absence of malice, 215
Academic Books, 224
acceptances, 123, 125–126, 218–220
access to information. see also Freedom of Information Act (FOIA) (1966)
legal aspects of collecting and retaining information, 63–64
public disclosure requirements, 63
seeking help for, 81
state public information laws on, 73–75
acquisitions editors, 84
action, defined, 229
actual notice, 102
adaptation of works, 159
address books, copyright and, 38
administrator, 229
admissible, 229
advances, 135–136, 139–140, 219
Aeneid (Virgil), 35
affidavit, 229
agency clause, in book contract, 152–153
agents, 229. see also literary agents
agreements. See collaboration agreements
alterations, author’s, 142
alternative dispute resolution (ADR), 221, 229
alternative licensing schemes, 44
Amazon, 104, 105–106, 111, 162, 165, 223
Amazon Kindle Direct Publishing, 225
ambulatory, wills as, 200
American Arbitration Association, 151
American Bookseller Association, 223
American Civil Liberties Union (ACLU), 224
American Society of Journalists and Authors, 90, 226
anachronisms, submissions and, 88
Anderson, Jack, 11
annotated editions, copyright and, 35
anonymously, works created, 46–47
answer, definition, 229
anthologies, 145
apparent authority, 98
appellant, 229
appellee, 229
arbitration, 122, 151–152, 221, 229
Arial font, for submissions, 84
articles of incorporation, 176, 230
articles of organization, 230
artists, 113
artwork, submission of, 85, 88–89
assignment (copyright), 42, 230
Association of Author’s Representatives, 223
attorney fees, 49, 50–51, 56, 72–73, 154, 222
attorneys
choosing a business form and, 181
preference for litigation, arbitration, or mediation, 221
selecting, 222
audiobooks, 145
Audio Publishers Association, 224
author, definition, 230
Author Link, 225
Authors Guild, 226
Authors Guild v. Google, Inc., 59
authorship credit, in book contract, 152
awarding fees and litigation costs, FOIA denials and, 72
awards, taxable income and, 195
B
bad faith, 230
Bainbridge Island Police Guild v. City of Puyallup, 73–74
bankruptcy, 44, 148, 168, 172, 177, 230
Barnes and Noble, 104, 105–106, 223
basis of the bargain, 131
benefit corporations, 180
bequeath, 230
Better Business Bureau, 108
blogs, 164
Blurb, 225
Bogie v. Rosenberg, 11
boilerplate provisions, in book contract, 153–155
boilerplate terms, 122
boldface, used for submissions, 84
Book Baby, 225
book clubs, 145
addressing out of print books, 148
on alterations, 142
attorney fees and, 154
on authorship credit, 152
boilerplate provisions in, 153–155
competing works clause in, 147–148
duty to edit, 141
on free copies, 152
loss or destruction of materials and, 150–151
magazine contracts vs., 135
manuscript acceptance clause, 139–141
manuscript format and content in, 139–140
for multiple books, 150
option contracts, 124
publication clause in, 142
residual clause, 146
reversion rights, 149
standards of acceptability in, 141
subsidiary rights and, 144–145
warranty and indemnity clauses in, 146–147
on writer purchases, 152
The Book Designer, 225
Book Market, 225
book proposals, 86
book reviews, 58
Books-a-Million, 223
bookseller inventories, researching, 164–165
booksellers, reserves and, 138–139
bookseller websites, 223
Brabec v. Delmar Thompson Learning, 134
Brandeis, Louis, 9
brand names, trademark law and, 39
breach of contract
agent liability and, 99
covenant and, 130
definition, 230
resolving acceptance disputes and, 219
revocation of wills and, 201
unconscionability and, 133
writer’s failure to comply with book contracts and, 150
writer’s liability for agent’s, 97
bright line tests, 59
Buckley, William F. Jr., 27
burden of proof, 4, 25, 27, 230
business days, travel expenses and, 192–193
business license, 168
business organizations, types of, 167–181
benefit corporations, 180
limited liability companies (LLCs), 178–179
limited liability partnerships (LLPs), 179
minority owner protection, 180
observance of formalities and, 180–181
partnerships.See partnerships
sole proprietorship, 168
C
Cantrell v. Forest City Publishing Company, 14–15
capacity to contract, 129
capital
in partnerships, 170, 172–173, 176
capital expenditures, 190
capital gain, 231
capitalizing the cost, 190
capital loss, 231
Carlisle v. Fawcett Publications, Inc., 15, 16
Carlson v. U.S. (2016), 3
cartoon characters, copyright and, 38
case law, 231. see also names of specific cases
Castle Rock Entertainment, Inc. v. Carol Publishing Group, 55
The Cat in the Hat (Seuss), 60
cause of action, 4, 16, 25, 30, 231
caveat emptor, 231
C corporations, 178
celebrities, 16, 17, 18, 76, 120, 125, 140–141
censorship, 1
Central Intelligence Agency (CIA), 67
certificate of registration, for copyright, 51
characters, copyright and, 38–39, 160
charitable contributions, 195, 209
charitable deductions, 194–195, 209, 210
charitable trust, 231
Chicago Manual of Style, 84, 88
Chicago Tribune, 64
children
intestate’s surviving, 202
transferring income to, 197
Children’s Book Council, 224
children’s publishers, online directory for, 224
Chodos v. West Publishing Company, 134
Choice of Law, in book contracts, 153
Christie, Agatha, 17
citation, 231
civil action, 231
claim, 231
clear and convincing evidence, 231
clichéd characters, copyright and, 38
Clinton, Bill, 69
coauthors/coauthored works, 35–36, 113, 116, 118
Coleman v. DEA, 73
collaboration agreements
on death or incapacity of a contributor, 121
defining the relationship, 114–115
indemnification and, 116
on manuscript issues, 118
merger clause, 122
modification clause, 122
on ownership of rights, 116–117
on scope of the project, 114
on term of agreement, 116
on use of materials, 120
warranty and, 116
Colossal Directory of Children’s Publishers, 224
commercial appropriation, 10, 16–18
commercial email (spam), 8
commercial facsimiles, 8
commissioned works, 36, 117, 159
common law, 231
Communications Decency Act of 1996 (CDA), 6, 7
compensation. See payment
competing works clause, in book contracts, 147–148
compilations, 36, 39, 117, 232
complaint, 231
Computer Publisher’s Directory, 224
condition precedent, 130
condition subsequent, 130
confidentiality agreements, 89
Connecticut, 80
consent
as defense to charges of defamation of, 28
definition, 232
recording interviews and, 80–81
conservator, 231
consideration, 123, 126–127, 231
context, defamatory statements and, 20–21
continuity of existence, 175
contracts, 123–134. see also book contracts; breach of contract
acceptable forms for written, 129–131
agent, 102
capacity to contract and, 129
definition, 232
ebooks and, 105
implied, 127
legally binding, 127
literary profit laws and, 132
negotiation and, 135
with online book retailers, 105–106
option contract, 124
oral, 127
overview, 123
publisher, 105
that are unconscionable, 132–133
with vanity and POD publishers, 109
written, 128
contributing authors, 113
convenience-of-the-employer test, 188
conventions, tax deductions for, 193–194
copycat scenarios, liability and, 31
copying expenses, 119
Copyleft, 44
copyright
abuse of writers from publishers and, 91
CC license and, 106
creation of, 41
definition, 232
depositing copies of work for, 51
as double-edged sword, 33
ghostwriters and, 117
for governmental works, 61
governmental works and, 61
infringement of, 53–58, 162, 175
magazine contracts and, 157, 158, 160
parody and, 60
publishers demanding transfer of entire, 91
requirements for protection by, 37–39
resolving requests to transfer, 219–220
satire and, 60
submissions and, 87
transfer or licensing, 41–45, 91, 219–220
transferring or licensing, 41–45
US Constitution and, 33
valuing, 209
warranty and indemnity clauses, 146
copyrightable, 36
Copyright Act (1909), 33–34, 47, 48, 58
copyright clause, in book contracts, 143–144
copyright clause, in magazine contracts, 157
copyright owner, copyright notice and, 48
copyright page, in books, 49
Copyright Revision Act of 1976, 34, 38, 41, 43–44, 44–45, 48–49
copyright symbol ©•, 47
corporate liability shield, 175
corporations, 70–71, 174–178, 232
Courier font, for submissions, 84
Courier New font, 84
court costs, 232
court, dispute resolution in, 221
court records, 3
covenant, 130
covenants not to compete, 147–148
CreateSpace (Amazon), 225
Creative Commons (CC) licenses, 44, 106
creative nonfiction, false light portrayals and, 15
credit history reports, 108
crime, inciting or abetting a, 31
criminal infringement, 56
criminals, contracts with, 132
cruise ships, deductions for conventions and seminars on, 194
curriculum vitae, 86
curtesy, 203
D
Dallas Cowboys Cheerleaders organization, 40
damages
definition, 232
liquidated, 150
date of creation (copyright law), 45
date of publication (copyright law), 45
death scene photographs, 69–70
deceit, agent liability and, 100
declaration, 232
deductions, tax
charitable deductions, 194–195, 210
collaboration agreement and, 119
home office deductions, 186–189
partnerships vs. corporations and, 177
S corporations, 178
definition, 232
identification of person/entities and, 24–25
private persons and, 27
publication of statements and, 24
public figures, 26
requirements for claims of, 19–20
on Twitter or Facebook postings, 29–30
in works of fiction, 29
defamatory statements, 19
defendant, 232
demonstrations, regulating times and places of, 8
Department of Justice, 73
Department of State, 67
deposit of copyright, 51
depreciation deduction, 188, 189, 190
derivative works
copyright infringement and, 55
fair use doctrine and, 59
publishers demanding transfer of entire copyright and, 91
Detroit Free Press Inc. v. U.S. Dept. of Justice, 69
Dietemann v. Time, Inc., 10
digital copies of artwork/photographs, 89
Digital Millennium Copyright Act of 1998 (DMCA), 56–57, 106
diminished capacity to contract, 129
direct expenses, for home office deduction, 187
direct-to-consumer ebook channels, 104
disclaimed warranties, 131
disclaimers, negligence law and, 30–31
displaying work in public, copyright, 35
for acceptance disputes, 218–220
in court, 221
selecting an attorney for, 222
distribution efforts, researching publisher’s, 164
distribution of copies, copyright and, 35
dividend preference, 177
Doctorow, Cory, 106
doctrine of exhaustion of administrative remedies, 71
doctrine of fraud, 76
doctrine of republication, 24
documentation, for travel expenses, 194
Doe v. Backpage.com, 7
donated works, 195, 208–209, 210
donor, 232
double taxation, 177
dower, 203
dramatic work, 232
DRM (digital rights management), 106
Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., 60
Drug Enforcement Administration, 73
due process, 232
Dun & Bradstreet, 108
duration of copyright, 45–47, 48–49
duress, 232
duty of diligence, in partnerships, 172
duty of loyalty, in partnerships, 172
duty of obedience, in partnerships, 172
duty to warn, 232
dying intestate, 202
E
ebook publishers, 111–112, 225
ebook retailer agreements, 105–106
ebook stores, 106
Economic Growth and Tax Relief Reconciliation Act (2001), 207
edit(ing) and editors
acceptance disputes and, 218–219
publisher’s duty to, 141
submission protocols and, 84
at vanity and POD publishers, 109–110
writer’s relationship with, 113
Edit Ink agency, 94
electronic signatures, 128
Electronic Signatures in Global and National Commerce Act (ESIGN), 128
contract signatures through, 128
employee, definition, 233
employer-contractor relationship, 115
employer-employee relationship, 114–115
employment of agent, liability for acts of agents and, 100
endorsement of products/services, commercial appropriation and, 16–18
enjoin, 233
entertainment expense, 193
equitable action, 233
estate, definition, 233
Estate of David Smith, 208
distributing property outside the will, 203–206
posthumous control and, 199, 210–211
estate tax, 199
estate taxes, 199, 207–210, 233
exclusive licenses, 42
executors, 200
exemptions
state public disclosure laws, 74
expedited registration for copyright, 58
expenses
in collaboration agreement, 118–119
copying, 119
legal.See legal expenses
necessary, for business deductions, 183
ordinary, for business deductions, 183
postage, 119
when working with others, 118–119
expiration of copyright, 45–47
expletives, First Amendment protecting, 2
expressions of intent, offers vs., 123
express warranty, 233
extrinsic test, 54
F
Facebook, defamation and, 29–30
fact-checking clause, 160
fair market value, 126, 207–209, 210
fair use, definition, 233
false contact information, 56
false copyright notice, 56
false light portrayals, 10, 14–16
family partnerships, 197
federal agencies. see Freedom of Information Act (FOIA) (1966)
Federal Bureau of Investigation (FBI), 70
federal courts
copyright infringement and, 53, 56
filing lawsuit for copyright infringement in, 57–58
FOIA and, 65
federal law, 233. see also specific laws
fees and costs. see also attorney fees
ebook publishers, 111
of literary agents, 94
search and review, for records, 65
signing, 136
vanity and POD publishers, 108–109
Feist Publications, Inc. v. Rural Tel. Serv. Co., 37
Fellini, Frederico, 17
fellowships, excluded from taxable income, 195
fictional characters, copyright and, 38–39
fiction works
copyright, 35
defamation in, 29
right to develop the characters you have created in, 160
self-publishing and, 111
fictitious business name, 168
Fifty Shades of Grey (James), 104
filing suit. See lawsuit(s)
film version, copyright and, 35
First Amendment
child pornography and, 7
content, 1
judicial proceedings and, 3
newsworthy information protected by, 12
patently offensive materials and, 6
political speech and, 2
pornography and, 5
preventive law and, 216
prior restraint of expression and, 1
first North American serial rights (FNASR), 220
first-sale doctrine, 35
Fleming, Ian, 39
Florida, 80
flyers on public utility poles, 8
FOIA. See Freedom of Information Act (FOIA) (1966)
font, for submissions, 84
food disparagement statutes, 4
Food Lion supermarket, 76, 79–80
forbearance, 233
foreign rights, 145
formatting, 84
formatting, for submissions, 88
forums, writer’s, 90, 108, 164, 225–226
fraud
agent liability and, 100
definition, 234
doctrine of, 76
Internet, 56
free copies of book, 152
Freedom of Information Act (FOIA) (1966), 223–224
on copying fees, 65
information accessed under, 64–65
statutory exemptions to, 65–66
freelancers, work for hire and, 36–37, 157
free speech
Communications Decency Act (1996), 6
fully disclosed agency relationship, 99
G
Garamond font, for submissions, 84
Garden Writers Association, 226
Genova, Lisa, 104
geological data/information, FOIA and, 66
geophysical data, FOIA and, 66
Gertz v. Robert Welch, Inc., 26
ghostwriting/ghostwritten work, 113, 117, 120, 121, 173
Ginger and Fred (film), 17
Gone with the Wind (Mitchell), 60
good faith, 50, 78, 95, 118, 140, 141, 150, 219, 234
Google, 59
government agencies. See Freedom of Information Act (FOIA) (1966)
governmental works, copyright and, 61
government meetings, state open meeting laws and, 74–75
government, speech criticizing the, 1–2
grand jury records, 3
grantee, 234
grantor, 234
grants, taxable income and, 195
graphic artists, 113
graphics, submission protocol and, 85, 88
guardian, 234
Guide to FSU and Tallahassee, 103
H
Harvard Law Review, 9
hearsay, 234
Hit Man, 31
hobbies, business deductions and, 184
home office deductions, 186–189
Hoskins formula, 209
housekeeping terms, in collaboration agreements, 122
Howey, Hugh, 104
HTML code, 85
I
Illinois, 80
illustrators, 113–114, 114–115, 117, 119
images, submission protocol and, 85, 88
immoral works, copyright and, 37
implication, defamation by, 23–24
implied actual authority, 98
implied contracts, 127
definition, 234
implied warranty, 234
income. See payment
income tax. see also taxation
definition, 234
liability for acts of agents and, 100
S corporations and, 178
working with independent contractors and, 115
incompetent, 234
incorporation, taxation and, 197–198
indemnification, 116
indemnity clause, in book contract, 146–147
independent contractors
business expenses and, 191
defining your relationship with others and, 114–115
definition, 234
ownership of rights and, 117
independent ebook sales, 104–105
indexes to works, 118
Indianapolis, Indiana, 7
indirect expenses, for home office deduction, 187
infringement, definition, 234
infringement of copyright, 53–58
inheritance tax, 234
injunction, 235
Integration (merger), 153
intellectual property, definition, 235
intellectual property section, state/local bar association, 222
Internal Revenue Code, 183, 190
Internal Revenue Service (IRS), 207–209
Internet
evaluating publishers, agents, and editorial services on, 163–166
increased magnitude for legal issues on, 161–162
one-time print publication rights, 161
regulation of pornography on, 6
research on, 163
Internet forums. See forums, writer’s
Internet fraud, 56
Internet Service Provider (ISP), 56–57
interviews
access to information and, 63–64
intrusion upon seclusion and, 10
legal right to access to people/places and, 75
on personal property, 75
in public places, 75
inter vivos gifts, 203, 204, 205, 235
inter vivos trusts, 205–206, 235
intestate distributions, 202–203
intestate property, 202
intestate succession, 202–203, 235
intrinsic test, 54
intrusion upon seclusion, 10–11
involuntary transfers of copyright, 43–44
irrevocable offers, 125
irrevocable trust, 235
italics, used for submissions, 84
iUniverse, 225
J
James Bond character, copyright and, 39
James, E.L., 104
joint executors, 200
joint tendency, 235
joint works, 35–36, 113, 235. see also collaboration agreements
judgment, 235
junk faxes, 8
jurisdiction, 235
just cause, 235
K
Kansas, 195
Kaufmann font, for submissions, 84
kiddie tax, 197
Kindle, 105
King, Stephen, 112
The Kirghiz and Wakhi of Afghanistan, 103
Kirschten v. Research Insts. of America, Inc., 134
Kobo, 104
L
last sale of the infringing copy, 53
law enforcement purposes, FOIA and, 66
lawsuit(s)
arbitration clause and, 152
copyright infringement and, 57–58
indemnification and, 147
legal expenses
collaboration agreement warranties and, 116
dispute resolution and, 122
legal issues
of collecting and retaining information, 63–64
Internet increasing magnitude of, 161–162
with self-publishing, 111
legal risks, minimizing, 215–216
Leigh, Janet, 15
Leverton v. Curtis Publishing Company, 14
Levin v. Grecian, 97
liability
with corporations, 175
definition, 235
partner/joint venture collaborations and, 116
with partnerships, 169
liability shield
corporate, 175
limited liability company, 179
Librarian of Congress, 106
libraries, digital rights management (DRM) and, 106
library and archives exemption, 61
Library of Congress, 51
license, 235
lien, 235
Life (magazine), 10
life insurance trusts, 206
limited liability company (LLC), 114, 178–179, 236
limited liability partnership (LLP), 179
limited partner, 236
limited partnerships, 173–174, 236
liquidated damages, 150
liquidation of partnership, 173
liquidation preference, 177
listservs, 164
agency agreement with, 102
contracts with, 102
fees, 94
necessity of, 93
professional organization for, 223
prudence in working with, 214
ratification and, 99
selective in choosing writers to represent, 93–94
specializations of, 93
termination of client relationship with, 101–102
Literary Market Place, 224
literary profit laws, 132
literary work, 236
litigant, 236
litigation, 221. see also lawsuit(s)
Lumen website, 224
M
magazine contracts
book contracts vs., 135
copyright clause, 157
fact-checking clause in, 160
on republication or adaptation of a work, 159
right to develop the characters you have created clause in, 160
specifying when payments will be made, 217
on time period for publication, 159
magazines/magazine publishers
collaboration agreements and, 114
commercial appropriation and, 17–18
copyright and, 39, 87, 157, 158
one-time-only rights for work published in, 158
query letters, 86
three ways writers work for, 157
transfer of copyright and, 42, 91, 219
malice standard, 16, 25–26, 27
manner restrictions on free speech, 8
Market List, 225
The Martian (Weir), 104
Maulder v. Commissioner, 208–209
media
access to private property and, 78, 79
false light portrayal and, 14, 16
FOIA search and review fees and, 65
trespassing damages and, 79–80
meetings, state open meeting laws and, 74–75
mental illness, capacity to contract and, 129
merger clause
in book contracts, 153
in collaboration agreement, 122
Michigan, 80
Military History Books, 224
military history books, online directory for, 224
Miller standard, on obscene materials, 5–6, 7–8
Miller v. California, 5
misappropriation of ideas, 89
misrepresentations, interviews and, 75–76
modification clause
in book contracts, 153
in collaboration agreements, 122
Montana, 80
mortgage interest, for home office deduction, 187, 189
“most favored nation” clauses, in online ebook retailer agreements, 105–106
mottoes, copyright and, 38
multiple-book contracts, 150
Myra Brecekridge (Vidal), 27
N
name, of partnerships, 170
narrative nonfiction, false light portrayals and, 15
National Association of Science Writers, 226
National Park Service, 70
National Writer’s Union, 90, 226
Nebraska Press Association v. Stuart, 3
necessary expenses, for business deductions, 183
negligence, 16, 30–31, 169, 236
Nevada, 132
New Hampshire, 80
news articles, 58
newsletters, 219
newspapers, 14–15, 24, 25, 27, 36–37, 64, 69, 91, 161
newspaper syndication, 145
newsworthy information, public disclosure of private facts and, 12–13
New York, 132
New York Times, 104
New York Times Book Review, 108
New York Times Co., Inc. v. Tasini, 59
The New York Times Co. v. Sullivan, 25–26
New York Times Co. v. United States, 2
95/120 rule, 47
Nobel Prize, 195
nom de plume, 236
noncompete clauses, in book contracts, 147
nonexclusive license, 42
nonfiction works
false light portrayals and, 15
nonrefundable advances (guarantee), 136
Nook Press (Barnes and Noble), 225
notary public, 236
O
obligation, 236
obscenity/obscence material, 5, 6, 7, 37, 146
offensive words, First Amendment protecting, 2
office equipment, capital expenditures and, 190
Office of Independent Council, 70
officers, 236
official proceedings, 28
Onassis, Jacqueline Kennedy, 11
one-time-only rights, 158
one-time print publication, 161
online book sales, 162
online copyright infringement, 56–57
online ebook retailers, 105–106
open records laws, 74
operating agreement, 179, 180, 237
opinions
contracts vs., 123
as defense to charges of defamation, 27
definition, 237
disguising factual statements in, 20
option clause, in book contract, 149–150
option contract, 124
option, definition, 237
oral communication, dispute resolution and, 217
oral contracts, 127
oral defamatory statements, 19
ordinals, used in submissions, 84
ordinary expenses, for business deductions, 183
Oregon, 195
organization, writer’s, 226–227
out of print works, 148
ownership copyright, 35–37, 116–117, 144
ownership of a work
literary agents and, 101
P
Paladin Press, 31
Palatino font, for submissions, 84
paperback reprints, 145
paraphrasing, copyright infringement and, 54–55
parody, 60
partial assignments, 42
partially disclosed agency relationship, 99
partnerships. see also collaboration agreements
advantages and disadvantages of, 169
capital for, 170
corporations compared with, 175–177
corporations vs., 175
definition, 237
description of the business, 170
distribution of profits, 119–120, 171
duration of, 171
duties of partners, 172
limited liability partnerships (LLPs), 179
name of, 170
taxes with, 169
unintended, 173
party, definition, 237
patently offensive, 6
paying estate taxes, 210
payment. see also advances; royalties
on collaboration agreement, 119–120
implied contracts and, 127
received in installments, 195–196
resolving disputes about, 217–218
signing fees, 136
Pearson, Drew, 11
Pearson v. Dodd, 11
Pennsylvania, 80
Pentagon Papers, the, 2
performance, definition, 237
performing work in public, copyright and, 35
perjury, 237
permission(s)
commercial appropriation and, 16–18
copyright and, 144
defense to defamation and, 28
fair use doctrine and, 59
resolving requests for unnecessary, 220
transferring copyright and, 41–42, 43
for writing about a person’s private life, 13–14
personal property
definition, 237
determining public access to, 77–78
interviews and, 75
tax deduction and, 190
trespassing and, 77
personal representatives, 200
personal-service contract, 150
persons with print disabilities, 106
photographs, submission protocol and, 85, 88–89
Pineapple Press, 103
place restrictions on free speech, 8
plagiarism, 237
plaintiff, 237
plot ideas, copyright and, 38
POD (payable on death), 203
portrayal in a false light, 10, 14–16
postage expenses, 119
Powell’s Books, 223
power coupled with an interest, agent termination and, 101
precedent, 237
precedent to an agreement, 130
predictions, offers vs., 123
preferred stock, 177
preponderance of evidence, 237
presumption, 237
Prime Time Live, 76
principal, 237
Print-on-Demand Database, 225
print-on-demand (POD) publishers, 103, 107–110
print royalties, 105
prior restraint of expression, 1, 3–4
Privacy Act of 1974, 69
privacy rights, 9–19. see also Freedom of Information Act (FOIA) (1966)
commercial appropriation and, 16–18
intrusion upon seclusion, 10–11
public disclosure of private facts, 12–14
private facts, public disclosure of, 12–14
private individuals, FOIA and, 65, 69, 70–71
prizes, taxable income and, 195
probate court, 237
probate estate, 237
production schedule, 118
professional organizations, 90, 226–227
professional services
as a business expense, 190–191
for estate planning, 199, 210–211
profit motive, proving, 184–185
proof of copyright, 54
property right, 238
property taxes, for home office deduction, 187, 189
proposals, book, 86
publication (copyright context), 238
publication (defamation and privacy context), 238
publication clause, in book contracts, 142
public disclosure laws
federal.See Freedom of Information Act (FOIA) (1966)
knowing how to use, 63
public disclosure of private facts, 10, 12–14, 16
public figures
defamation law and, 26
false light portrayal of, 16
public meetings, defamatory statements and, 28
public officials, defamation law and, 25–26
public parks, right of access to, 77
public performances, regulating times and places of, 8
public sidewalks, restrictions on activities on, 77
publisher contracts. See contracts
abusive practices regarding copyright by, 91
agent-client relationship and, 94–95
alternatives to mainstream, 103–112
contracts with.see book contracts; contracts
demanding transfer of entire copyright, 91
directories on, 224
ebooks as alternative to traditional, 104–106
getting published through alternatives to mainstream, 103–112
getting references on, 214
goals of major trade book house, 103
misappropriation of ideas by, 89
negligence law and, 30
placing works with major trade book, 103
print-on-demand, fee-based, 107
protocol for submissions to, 83–85
resolving acceptance disputes with, 218–220
self-publishing as alternative to, 109–111
for specialized subject matter, 103
using prudence in working with, 214
using the web to evaluate, 163–165
websites for obtaining information on, 224–225
Publisher’s Marketplace, 224
Publishers Weekly, 108, 111, 225
Publishing Trends, 225
puffery, 85
puffing, 131
Pulitzer Prize, 195
Q
quantum meruit, legal theory of, 134
R
Randall, Alice, 60
Rand, Ayn, 17
Rand v. Hearst Corporation, 17
ratification, 99
real property, 238
reasonable care, 238
reasonable doubt, 238
reasonable notice, 102
reasonable time, acceptances made within, 125–126
receiver, definition, 238
recording transfer of copyright, 43
references, on agents and publishers, 214
Register of Copyrights, 51
registration of copyright, 50–51, 58, 238
regular method of calculating home office deductions, 188, 189
reinvestment by corporations, 177–178
releases, resolving requests for unnecessary, 220
Reno v. ACLU, 6
renters, home office deduction and, 189
reply, as defense to charges of defamation, 28
representations, 202
republication of works, 159
reputation, defamatory statements and, 21–23
research trips, business deductions and, 185
residual clause, in book contracts, 146
residuary clause, in wills, 202
reversion rights, 149
reviews, vanity/POD publishers and, 108
revisions clause, in book contracts, 142–143
Riding the Bullet (King), 112
right of first refusal, 149
right of publicity, 12–13, 18–19
rights to a work. See copyright
Rivers, Joan, 11
Rogers, Ginger, 17
Romance Writers of America, 227
Rosenblatt v. Baer, 26
Rosetta Books, 105
royalties
with collaborative works, 119
definition, 238
ebook, 105
with ebook publishers, 111
online ebook retailers, 106
self-publishing and, 110
spreading income and, 196
vanity and POD publishers, 109
S
safe harbor, capital expenditures and, 190
sale of rights, in publishing agreements, 125
sample chapters, 86
San Francisco Examiner, 17
sans serif fonts, 84
satire, 60
Saturday Evening Post, 14
savings clause, 49
schedule of production, 118
scholarships, excluded from taxable income, 195
Science Fiction and Fantasy Writers of America, 227
scorecards, copyright and, 38
script fonts, for submissions, 84
Second Circuit Court of Appeals, 59
second-serial rights, 158
Seinfeld (television series), 55
self-publishing websites, 225
seminars, tax deductions for, 193–194
servant (statutory employee), 100, 115, 117
settlor, 205
severability clause, in book contract, 154
sex trafficking, 7
Shame on Your Productions v. Banks, 55
shareholders, 175, 176, 177, 178
signatures, contract, 128
signing fees, 136
signs, no trespassing, 78
signs on public utility poles, 8
similarity of ideas, copyright infringement and, 54
simplified method of calculating home office deduction, 188–189
Simpson, O.J., 60
single-publication rule, 24
sinking fund method, 209
slogans, copyright and, 38
small claims court, 221
small presses/publishers, 103, 105, 136
Smith, David, 208
Society of American Travel Writers, 227
Society of Children’s Book Writers & Illustrators, 227
Society of Environmental Journalists, 227
sole proprietorship, 168, 177, 178–179, 238
something of value, 123
Son of Sam law, 132
Southern Scribe, 226
Spahn v. Julian Messner, Inc., 15, 16
Spahn, Warren, 15
spam, 8
specialized subject matters, 103
specific performance, 133, 238
Sports Illustrated, 18
spouses (surviving), 202, 203, 206
standards of acceptability, 141
standing, definition, 238
stare decisis, 238
state and local government agencies, FOIA and, 65
state law(s)
Choice of Law, in book contracts, 153
collaboration agreements and, 122
definition, 238
intestate distributions, 202–203
on recording interviews, 80–81
statements, offers and, 123–124
state public information laws, 73–75
state records, public access to, 65
Statute of Frauds, 128, 130, 238
statute of limitations, 205, 239
statutes, definition, 238
statutory damages, 50–51, 55–56
statutory employee (servant), 100, 115, 117
statutory exemptions
stay, definition, 239
Still Alice (Genova), 104
stockholders, 175
Stolen Valor: How the Vietnam Generation Was Robbed of Its Heroes and its History (Burkett/Whitely), 64–65
subjective test, 54
submissions
bailments of, 88
copyright issues, 87
literary agent-client duties and, 95–97
literary agents charging reading fees to evaluate, 94
literary agent’s duties to the writer and, 95–96
misappropriation of ideas and, 89
publisher’s protocols for, 83–85
returning materials from, 88–89
subpoena, 239
subpoena duces tecum, 239
subsequent to the agreement, 130
subsidy publishers, 103, 107–109, 185–186, 214
substantive law, 239
summary judgment, 239
sunshine laws, 74
Sun Trust Bank v. Houghton Mifflin, 60
synopsis, of fiction works, 86–87
T
tape recording conversations, 64
capital expenditures, 190
charitable deductions, 194–195
deferring/spreading income and, 195–198
home office deductions, 186–190
independent contractors and, 191
inter vivos gifts and, 204
life insurance trusts and, 206
limited liability companies, 179
partnerships and, 169
S corporations, 178
sole proprietors, 168
telephone calls
first contact with publisher by, 85
Telephone Consumer Protection Act (TCPA), 8
television rights, 145
tenants by the entirety, 203
1099 forms, 191
termination clause, in book contracts, 148–149
termination interest, 45
termination of copyright transfers and licenses, 44–45
term of agreement, 116
testamentary capacity, 239
testamentary gift, 204
testamentary trusts, 205–206, 239
testimony, definition, 239
Texas food disparagement statute, 4
Text and Academic Authors, 227
theatrical works, ownership of copyright and, 35–36
themes, copyright and, 38
third parties, getting written permission through, 14
third-party claim, 239
Thirteenth Amendment, 133
time cards, copyright and, 38
time-is-of-the-essence clause, in magazine contracts, 157
timeliness, book contracts and, 141–142
time restrictions on speech, 8
Times New Roman font, for submissions, 84
title, definition, 239
titles, copyright and, 38
TOD (transfer on death), 203
Toffoloni v. LFB Publishing Group, 12–13
tort(s)
definition, 239
to the best of the author’s knowledge, in warranty clause, 147
trade book contracts, 143, 144
trade book publishers, 93, 103
trade book royalty rates, 137
trade books, distribution system for, 164
trade journals, 90
trade libel, 4
trademark, definition, 239
trademark symbol (™), 39
transferability of ownership, 176, 179
transfer of copyright, 41–45, 91, 219–220
translation rights, 145
trust-based estate plans, 199
trustee, 205
truth, as defense to charges of defamation, 27
twenty-factor test (IRS), 191
Twitter, defamation and, 29–30
typeface, for submissions, 84
U
underscoring, used for submissions, 84
undisclosed agency relationship, 99
Unified Estate and Gift Tax Schedule, 210
Uniform Commercial Code (UCC), 125, 128
unintended partnernships, 173
Universal Copyright Convention, 239
University of Washington Press, 103
unlawful force, political speech advocating, 2
unwitnessed wills, 200
US Bankruptcy Code, 148
US Constitution, privacy rights and, 9
US Copyright Office, 41, 43, 47, 48, 49, 50, 51, 224
US Department of Agriculture, 64
US Department of Justice, 56
US Environmental Protection Agency, 63
US Government works, copyright and, 61
US Securities and Exchange Commission, 63
US Supreme Court
on free speech, 1
on judicial proceedings publicity, 3
malice standard and, 25
on pornography, 5
on pornography on the Internet, 6
on privacy and FOIA, 69
publication of Pentagon Papers and, 2
V
Vale, Eugene, 17
vanity presses/publishers, 103, 107–110, 214
venue clause, in book contracts, 153–154
venue, definition, 240
verdict, 240
vicarious liability, 240
Vidal, Gore, 27
Virgil, 35
visual artists, writers collaborating with, 113–114
visual images/depictions
copyright protection and, 38
voidable, 129
void, contracts as, 129, 131, 133, 146
voluntary termination (literary agent), 101
voluntary transfer of copyright, 44
W
W-9 forms, 191
waive, definition, 240
waiver of branch, in book contract, 154
warranty and indemnity clause
in magazine contracts, 157
Warren, Samuel, 9
Washington, 80
Watts, Peter, 106
Weir, Andy, 104
WHOIS database, 57
will-based estate plans, 199
willful infringement, 56
definition, 240
distributing property outside of, 203–206
distributions to spouses left out of, 203
holographic, 200
overview, 200
revocable, 201
The Wind Done Gone (Randall), 60
Winfrey, Oprah, 4
Wool (Howey), 104
work, definition, 240
works for hire/work for hire doctrine, 36–37, 46, 117, 157
magazine contracts, 157
magazine contracts and, 157
rights to a work and, 117
works qualified as work for hire, 117
World Publishing Co. v. U.S. Dept. of Justice, 69
writers
common relationships with others, 113–114 (see also collaboration agreements)
duties to literary agents, 96–97
estate of.See estate planning
required to purchase books from vanity and POD publishers, 109
Writer’s Net, 226
writer’s organizations, 226–227
Writer’s Weekly, 226
written agreements, for collaborative works. See collaboration agreements
written communication, dispute resolution through, 217
written contracts, acceptable forms for, 129–131
written defamatory statements, 19
written permission
copyright and, 144
when writing about a person’s private life, 13–14
wrongful intrusion, 16
X
XML code, 85
Y
year of first publication, copyright notice and, 47–48
young adult books, online directory for, 224
Z
Zilg v. Prentice-Hall, Inc., 133