https://www.authorlearningcenter.com/publishing/legal/en-USTelligent Community 10https://www.authorlearningcenter.com/publishing/legal/w/contracts/7189/advice-for-dealing-with-book-contracts-and-rights-management?CommentId=414009dd-9964-44bb-91a0-abf7a396b887Tue, 20 Feb 2024 17:59:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:414009dd-9964-44bb-91a0-abf7a396b887TK BarnettThank you for the sage advice. I was thinking of using my regular attorney, however, you opened my eyes as to why that's not a good idea. Thank you so much! I'll be looking for an attorney versed in book contracts or the Authors Guild.https://www.authorlearningcenter.com/publishing/legal/w/copyright/2647/utilizing-photos-online---rights-and-protections---video?CommentId=cd65d770-80e5-4170-9699-3677b0025371Mon, 18 Dec 2023 14:12:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:cd65d770-80e5-4170-9699-3677b0025371Terence WinslowIn a world that is constantly telling you who you are, make sure you know what you want to be.https://www.authorlearningcenter.com/publishing/legal/w/intellectual-property-rights/8218/getting-permission-to-use-someone-else-s-artwork-or-photos-in-your-bookMon, 03 Apr 2023 13:28:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:d48569e6-73b7-4894-b3c2-b36ca35b149aKeith OgorekWhen wanting to include someone else's artwork, illustrations, or photos in your book, you must understand who owns the right to these creations and ensure you request the proper permissions to use the material. This goes for any text that you want to quote as well, such as a famous line from a poem or other book. You need to obtain the right to use the material in your book, otherwise, it may result in copyright infringement. ALC President Keith Ogorek recommends that authors work on obtaining these permissions as soon as they know they want to include someone else's creation in their book, as it can take a long time. You don't want the permissions to be the thing that is delaying your book's release timing. With his latest nonfiction book, he has already acquired the necessary permissions as his book is in the process of being professionally edited. This way, his book will be ready for publication as soon as the final edits are made. www.authorlearningcenter.com/.../GettingPermissiontoUseSomeoneElsesArtworkorPhotosinYourBook.mp4fictionNonfictionvideohttps://www.authorlearningcenter.com/publishing/legal/w/copyright/8210/answers-to-common-legal-questions-about-true-stories-copyrights-and-collaborationsFri, 17 Mar 2023 16:27:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:caea384b-d4aa-45b4-a125-20dd731b9dd7Greg Victoroff, Esq.There may be times throughout the writing and publishing process when you have legal questions or are advised to consult an attorney. Intellectual property attorney Greg Victoroff works with many writers on various legal needs and shares the three most common types of legal questions he gets: 1) privacy rights, 2) copyright law, and 3) writing collaborations. In this clip, Victoroff shares helpful advice regarding true stories and concerns around defamation, along with the benefits of registering copyright, and things to consider when entering into a writing collaboration. www.authorlearningcenter.com/.../AnswerstoCommonLegalQuestionsAboutTrueStoriesCopyrightsCollaborations.mp4fictionNonfictionvideohttps://www.authorlearningcenter.com/publishing/legal/w/subsidiary-rights/8207/subsidiary-rights-and-why-they-re-important-in-contract-negotiationsFri, 17 Mar 2023 16:06:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:a20a877b-8f23-466a-b407-4abf035b5d58Greg Victoroff, Esq.All of the different rights associated with publishing a book can be confusing. Before signing any kind of contract, it's crucial you understand these rights and that you ensure you maintain any rights that could benefit you in the future. Per attorney Greg Victoroff, an author's "subsidiary rights" refer to a derivative work based on or adapted from the original book. This means, if you take the content of your book and use it in a different medium, you are practicing your subsidiary rights. This can include audiobooks, movie adaptations, translations, foreign rights, and more. It's important to check the fine print of any publishing contract to make sure you are not granting these subsidiary rights to your publisher, especially if they don't plan to do anything with these rights. www.authorlearningcenter.com/.../SubsidiaryRightsandWhyTheyreImportantinContractNegotiations.mp4fictionNonfictionvideohttps://www.authorlearningcenter.com/publishing/legal/w/contracts/8208/common-mistakes-authors-make-negotiating-rights-and-contractsFri, 17 Mar 2023 15:55:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:e1740b50-c8df-4f4e-b47c-4f97fad3598cGreg Victoroff, Esq.Contracts are difficult for most people to decipher without the assistance of attorney, and when writing and publishing a book there may be many types of contracts you encounter along the way. The best way to avoid making costly errors when dealing with contracts is to hire an attorney. It's also important to understand the benefits of copyright registration and copyright notice, per attorney Greg Victoroff. If considering a writing collaboration, he advises authors to be careful because it's important to divide up liability and rights. In addition, he cautions writers to be careful of scams and to temper their expectations about how successful a book might be. www.authorlearningcenter.com/.../CommonMistakesAuthorsMakeNegotiatingRightsandContracts.mp4fictionNonfictionSubscribervideohttps://www.authorlearningcenter.com/publishing/legal/w/intellectual-property-rights/8206/the-services-an-intellectual-property-attorney-can-provide-for-writersFri, 17 Mar 2023 15:47:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:3214ff14-9ea2-46ec-9e7a-745da937f8b1Greg Victoroff, Esq.As an author, it can be very beneficial to consult a knowledgeable attorney when reviewing contracts or when questions arise about copyright, intellectual property, author collaborations, defamation, and more. Per attorney Greg Victoroff, an Intellectual Property attorney can help protect your content and ideas whether that's through copyright, trademarks, patents, and contracts. He recommends all authors register the copyright for their book so that they are protected should any issues arise, and consult an attorney for assistance when needed. www.authorlearningcenter.com/.../TheServicesanIntellectualPropertyAttorneyCanProvideforWriters.mp4fictionNonfictionvideohttps://www.authorlearningcenter.com/publishing/legal/w/subsidiary-rights/4682/what-are-subsidiary-rights-and-why-do-they-matter---video?CommentId=b5437aa4-d287-4632-8d40-7ae9d13a1f84Fri, 13 Jan 2023 22:31:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:b5437aa4-d287-4632-8d40-7ae9d13a1f84Angelena Smith FloydGood Information, Thank You Judyhttps://www.authorlearningcenter.com/publishing/legal/w/subsidiary-rights/4682/what-are-subsidiary-rights-and-why-do-they-matter---video?CommentId=6500154d-20e5-40ba-8fb0-06a0f7da4dd8Fri, 06 Jan 2023 01:47:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:6500154d-20e5-40ba-8fb0-06a0f7da4dd8Barissa RodgersWonderful information! Thanks!https://www.authorlearningcenter.com/publishing/legal/w/copyright/2647/utilizing-photos-online---rights-and-protections---video?CommentId=c0cc9e1e-ed77-4c6f-8c15-2c8d9f39bfe8Tue, 24 Aug 2021 00:25:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:c0cc9e1e-ed77-4c6f-8c15-2c8d9f39bfe8 Dirdura WynnThank you.https://www.authorlearningcenter.com/publishing/legal/w/intellectual-property-rights/7863/author-rights-understanding-the-basicsThu, 09 Jul 2020 18:17:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:d568da93-f336-4b84-8890-662118d11bf2Author Learning CenterDisclaimer: This article provides an overview of the basic principles of author rights in the United States. The material contained in this article is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation. Times they are a-changing. In a world of shared content and digital reproduction, it’s more important than ever to protect the authenticity of your work. If you’re armed with a law degree, navigating a sea of author rights should be smooth sailing. For the rest of us… the waters are a little choppier, and the course a little more obscured. So, to help clear the fog and make smart business decisions, we’re breaking down the basics of author rights. COPYRIGHT In essence, copyright is a legal means of protecting creative works. These works can be literary, artistic, educational, or in musical form. As a form of intellectual property law , copyright provides exclusive publication, distribution, and usage rights for the creator. It is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. Do you need to register your work with the Copyright Office to be protected? The short answer is no, but there’s a catch. Technically, copyright exists from the moment the work is created. Yet, registration affords authors added security. Registering for copyright creates a public record and establishes the facts of the copyright, which is usually accompanied by a certificate of registration. Additionally, registration is required in order to bring a lawsuit for infringement of a U.S. work and to be eligible for statutory damages. Ordinarily, traditional publishers register the books they publish, but if you are self-publishing you will want to make yourself aware of the policies regarding copyright. Reputable self-publishing companies are upfront about their copyright policies and often provide helpful information or assistance with registering a book. You can also check out our article for guidance about how to file a copyright on your own . Is My Copyright Valid in Other Countries? Though the United States does not have copyright relationships with every country, they do have relations with most countries throughout the world. The U.S. Copyright office recommends reviewing the International Copyright Relations document for more information on countries and the nature of their copyright relations with the U.S. FOREIGN RIGHTS Foreign rights are just one of the many categories of subsidiary rights that authors need to consider. Book sales in international markets can have big potential, so Trident Media Group literary agent Mark Gottlieb recommends that authors take their foreign rights seriously. According to Gottlieb, “when rights are given to the publisher, authors can lose out on a lot of revenue.” Thus, Gottlieb suggests that authors who may be interested in selling their book internationally work with a self-publishing service or publisher that is upfront about rights or helps to preserve them. Authors can also choose to work with a literary agent or agency like Trident Media Group, allowing them to sell directly to foreign publishers. Authors may want to consider researching foreign rights early in the process since opportunities to sell rights can vary by market. A few scenarios are common to foreign rights acquisition including: U.S. book publisher gets the foreign rights to an author's book In these instances, the U.S. publisher sometimes licenses the foreign rights to a third-party publisher, or publishes the book in another language through one of their own publishing arms. U.S. publishers can claim upwards of fifty percent of the proceeds from the foreign publications. There are instances when a U.S. publisher acquires the foreign rights and they do not get sold to a foreign publisher. Instead, the foreign rights lay dormant. Though it may seem surprising, U.S. publishers can refuse to return unsold rights, choosing to hold on to them in the hopes they someday become a golden goose. As an author this can be a major frustration, and may require enlisting the help of a literary agent to get unsold rights back from a book publisher. Author uses a literary agency to retain foreign rights and sells the foreign rights directly to a foreign publisher When a literary agent sells foreign rights for an author, the commission the literary agency takes (20%-25%) is typically much smaller than what a U.S. publisher takes. Also, if there's no unearned book advance from a U.S. publisher to apply earnings toward, payment of advances and royalties go directly to the author. PERFORMANCE OR DRAMATIC RIGHTS Performance rights or dramatic rights are another category of subsidiary rights that authors should be aware of. These are the rights to adapt a book for television, radio, dramatic theater, a musical, or a motion picture. An author can attempt to adapt his or her own book to a screenplay or other format, but it is not recommended unless that author has the experience and skills to do so. If you are interested in having your book adapted to the big screen , for example, it’s often best to work through your publisher or an agent. They may have connections with studios and producers. If a studio is interested in adapting your book into a movie they may approach you with an option agreement. What is an Option? An option gives temporary exclusive rights to a producer to purchase a screenplay or other form of intellectual property and make a film. For novels, the principal parties in the agreement usually include the author of a book and a movie producer, studio, or production company. It’s important to note that getting an option is not a guarantee that a movie will actually be made. It just means that the idea is being considered. Movie Option Parameters The contractual agreement will outline the option period (a start and end date for how long the producer can take to make the purchase), which is typically 12-18 months. Authors cannot discuss or enter into any other contracts with another producer or studio during this period and are paid for the right of exclusivity. During the option period, the studio is working to find a screenwriter to adapt the book and to secure financial backing and interest. This is typically where things fall apart. If the option agreement expires before the project is approved to move forward, a producer will no longer have exclusive rights, though they may still work on the project and try to secure a movie deal. As the author, this means you now have the right to option to other producers. Your contract to option may also include the right for the producer to get an extension on the exclusive optioning rights. In these instances, the producer does not always include a payment for the extension in the contract, but it’s something to try to negotiate up front. Most optioning contracts will typically include a purchase price for once the movie is greenlit, meaning the project is approved to go into production. This payment is usually substantially higher than the cost to option, and officially releases the book rights to the studio. It usually represents a percentage of the total budget of the movie, and includes a minimum and maximum amount. DO THE RESEARCH If you don’t possess expert understanding of the publishing industry and don’t happen to speak legalese, the process of learning about and securing rights can be daunting. Consequently, Lawrence Knorr, author and founder of Sunbury Press, advises authors to be aware of the contracts they’re signing and what the documents entail. Don’t be afraid to ask for help. Knorr advises authors to consult the Authors Guild , to help make sure contracts are mutually beneficial. When signing a contract of any kind, it is recommended that you also consult a knowledgeable literary agent or attorney to avoid handing over too many rights and to make sure you get a fair deal. Successfully navigating the persnickety world of rights can be challenging, but it’s absolutely manageable if you utilize the right resources. For more on the various rights that authors should understand, visit the Legal and Book to Screen sections of the Author Learning Center.articlefictionNonfictionhttps://www.authorlearningcenter.com/publishing/legal/w/isbn/1719/can-i-buy-my-own-isbn---articleWed, 25 Mar 2020 17:17:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:8eec7134-a842-4b53-b81c-b10ca821fab6Michael EsserIf you're looking into buying an ISBN, or International Standard Book Number, then you must be preparing to become a publisher. This means that you have some sort of written work you want to publish on your own and need an ISBN to complete the process. You can do this entirely on your own or choose a service provider to assist you in the process. Becoming your own publisher isn't a simple process. This task entails running every aspect of your publication from concept and creation to sales and distribution. With today's technology and the level of services provided online, the idea of the do-it-yourself publisher no longer needs to be so intimidating. Resources like WordClay, Kindle Direct Publishing, and Lulu all help facilitate the publishing process while letting you control every aspect along the way. In some cases you can even convert your book into an eBook with just a few clicks. All of these services allow you to use your own ISBN if you already have one. But, they also give you the option of purchasing one through them. The cost for a single ISBN will probably run you around $99.00 and take a few weeks to receive. If you still prefer, you can purchase your ISBN's in blocks of 10, 100 or 1,000 in the United States from the only authorized dealer R. R. Bowker. The cost will range from $275 for 10 ISBN's all the way up to $1,875 for a block of 1,000. There is a registration and a processing fee involved. The registration fee sets you up a publisher prefix along with the block of numbers and the processing fee covers the processing of your application. If that's not in your budget then you have another option. These publishing services offer you the ability to obtain an ISBN for each of the projects you create through . The catch to these free ISBN's is that when you obtain one you are granting publishing rights to the service to act as a publisher on your behalf with retailers and wholesalers globally. All the control and royalties remain yours. When you weigh the services they provide to the benefits you receive, you'll find they present a pretty good deal.articlefictionNonfictionhttps://www.authorlearningcenter.com/publishing/legal/w/subsidiary-rights/4682/what-are-subsidiary-rights-and-why-do-they-matter---video?CommentId=e8b19707-96f2-4ca8-983e-9613d5109b5eSat, 25 Jan 2020 16:11:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:e8b19707-96f2-4ca8-983e-9613d5109b5eMelodie WellerExcellent information for all new book authors to know before signing a contract. So glad I found this video on Author Learning Center so I can protect my rights.https://www.authorlearningcenter.com/publishing/legal/w/intellectual-property-rights/1994/do-i-need-an-agent-or-an-attorney---article?CommentId=cdbd9742-9654-4755-b8ec-a5089a9b6c14Mon, 06 Jan 2020 23:53:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:cdbd9742-9654-4755-b8ec-a5089a9b6c14Neal OstlerHey … Ms. Newman … Dana ... if I may!?! Would you or someone you know be interested in co-authoring or ghost-writing or other collaborative arrangement … I need someone to make my story come alive and become interesting. Otherwise the book is largely together and consists of a potential of over 400 pages. It needs to be told as fiction based on true story with names changed etc. etc. ostlern@yahoo.comhttps://www.authorlearningcenter.com/publishing/legal/w/copyright/7549/the-benefits-of-registering-the-copyright-for-an-author-s-work?CommentId=dc578d74-0718-4b73-98a9-ba9e178cc930Wed, 13 Nov 2019 16:10:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:dc578d74-0718-4b73-98a9-ba9e178cc930A.R. GrimesGood to know. Thank you!https://www.authorlearningcenter.com/publishing/legal/w/copyright/7549/the-benefits-of-registering-the-copyright-for-an-author-s-work?CommentId=f5c4b42c-46ff-41cd-95d0-66753eb5097aMon, 11 Nov 2019 22:13:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:f5c4b42c-46ff-41cd-95d0-66753eb5097aJosephine RojasThank you the clarification!https://www.authorlearningcenter.com/publishing/legal/w/contracts/7557/the-four-elements-of-an-effective-contract-for-authorsMon, 11 Nov 2019 16:51:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:37666478-b175-443d-9257-b69bf37701baGreg Victoroff, Esq.Writing is often a solitary activity, but you will eventually involve others in the process, points out Greg Victoroff, Esq., partner at Greg Victoroff & Associates. This may include collaborators, agents, managers, illustrators, and so forth. When you create this connection, it’s important to get an agreement down on paper – a contract. Victoroff lists the four Ps of a contract: Parties: who is the agreement between, and where is each party physically located? Property: what is being bargained over? Include the book genre, length, etc. At the end, what product will exist? Performance: what’s the timeline? Who is supposed to do what, and when? Price: what amount will be paid to whom, and when. If a contract you have entered has been breached or violated, Victoroff offers his advice here . The material contained in this video is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation. www.authorlearningcenter.com/.../TheFourElementsofanEffectiveContractforAuthors.mp4fictionNonfictionSubscribervideohttps://www.authorlearningcenter.com/publishing/legal/w/contracts/7558/legal-steps-an-author-can-take-when-a-service-provider-fails-to-fulfill-their-contractMon, 11 Nov 2019 16:50:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:deb81f99-1c28-4f09-b0bf-b6876786c47aGreg Victoroff, Esq.In the case of a breached contract, Greg Victoroff, Esq., partner at Greg Victoroff & Associates, believes that authors should avoid litigation at all costs. There are a few strategies to do this. First, a contract should include contingencies: what will happen if someone doesn’t deliver what was originally agreed upon. This way, there is already a set plan in place. The contract should also include a dispute resolution clause: what will happen if the parties disagree. This may include a mediation meeting or something similar. At the end of the day, Victoroff says it all comes down to having a human conversation with the other side. Talk on the phone or meet in person to settle your differences. The material contained in this video is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation. www.authorlearningcenter.com/.../8304.LegalStepsanAuthorCanTakeWhenaServiceProviderFailstoFulfillTheirContract.mp4fictionNonfictionSubscribervideohttps://www.authorlearningcenter.com/publishing/legal/w/copyright/7556/what-authors-should-do-when-they-suspect-their-work-has-been-plagiarizedMon, 11 Nov 2019 16:50:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:c648cc86-1a3d-418c-9614-e4194b2f8315Greg Victoroff, Esq.If you believe someone has plagiarized your work and you have already registered for a copyright, you have a distinct advantage, explains Greg Victoroff, Esq., partner at Greg Victoroff & Associates. With a registered copyright, you’ll be able to recover attorney fees and statutory damages. However, if you haven’t already registered, don’t fret, says Victoroff. Go ahead and register (you can expedite the process, with a fee), and file a lawsuit. Few copyright lawsuits actually end up going to trial; if your attorney detects substantial similarities between the two works, a cease and desist letter will be sent to the offender. If the recipient doesn’t want to back down, his or her attorney and yours will negotiate and hopefully resolve the dispute quickly. The material contained in this video is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation. www.authorlearningcenter.com/.../WhatAuthorsShouldDoWhenTheySuspectTheirWorkHasBeenPlagiarized.mp4fictionNonfictionvideohttps://www.authorlearningcenter.com/publishing/legal/w/copyright/7554/the-criteria-and-limits-of-fair-use-in-copyright-lawMon, 11 Nov 2019 16:49:00 GMT809ccca5-04d2-44bf-8f5c-ff0a6d33c80b:0d35ebc8-fa85-4380-ba47-fe17ccc1a0c1Greg Victoroff, Esq.Greg Victoroff, Esq., partner at Greg Victoroff & Associates, believes the phrase “we are all dwarfs standing on the shoulders of giants” applies well to authors, who learn from the great writers who came before them. It is only natural that today’s authors would find inspiration from writers such as Shakespeare, Lord Byron, and Mary Shelley. That’s why, under fair use, copyrighted materials can be used by writers in certain situations. If an author is critiquing or commenting on a copyrighted work, or using it for scholarship research, this is considered legal. Still, Victoroff advises authors to consult with an attorney and refer to Cornell University’s fair use checklist . The material contained in this video is NOT legal advice, and does not create an attorney-client or other confidential relationship between the User and the Author Learning Center. Users should contact an attorney in their jurisdiction for legal advice regarding their particular situation. www.authorlearningcenter.com/.../TheCriteriaandLimitsofFairUseinCopyrightLaw.mp4fictionNonfictionSubscribervideo