Intellectual Property Rights

Getting Permission to Use Someone Else’s Artwork or Photos in Your Book

Keith Ogorek — Mon, 03 Apr 2023 13:28:12 GMT

Current Revision posted to Intellectual Property Rights by Keith Ogorek on 4/3/2023 1:28:12 PM

When 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.mp4

Tags: fiction, Nonfiction, video

Getting Permission to Use Someone Else’s Artwork or Photos in Your Book

Keith Ogorek — Thu, 30 Mar 2023 18:33:24 GMT

Revision 1 posted to Intellectual Property Rights by Keith Ogorek on 3/30/2023 6:33:24 PM

ALC President Keith Ogorek provides advice on how and when to get permissions for artwork or photos in your book.

Tags: fiction, Nonfiction, video

The Services an Intellectual Property Attorney Can Provide for Writers

Greg Victoroff, Esq. — Fri, 17 Mar 2023 15:47:12 GMT

Current Revision posted to Intellectual Property Rights by Greg Victoroff, Esq. on 3/17/2023 3:47:12 PM

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.mp4

Tags: fiction, Nonfiction, video

Author Rights – Understanding the Basics

Author Learning Center — Thu, 09 Jul 2020 18:17:43 GMT

Current Revision posted to Intellectual Property Rights by Author Learning Center on 7/9/2020 6:17:43 PM

Disclaimer: 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.

DO THE RESEARCH

Intellectual Property and How it Pertains to Authors

Greg Victoroff, Esq. — Mon, 11 Nov 2019 16:47:08 GMT

Current Revision posted to Intellectual Property Rights by Greg Victoroff, Esq. on 11/11/2019 4:47:08 PM

Intellectual property is intangible, but you still have a personal right to it, says Greg Victoroff, Esq., partner at Greg Victoroff & Associates. Copyrights, trademarks, and ideas are the three most important intellectual properties for authors.

Copyright = the right to control your written words.
Trademark = the right to control a brand name, logo for a company, etc. You can protect single words or short phrases, too.
Ideas = your story idea can be protected by a non-disclosure agreement. If you express a book idea without protection, it is free to use by anyone who hears it.

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/.../IntellectualPropertyandHowitPertainstoAuthors.mp4

Tags: fiction, Nonfiction, video

Copyright and Intellectual Property Basics for Writers - recorded webinar

Joel Tragesser — Wed, 19 Jul 2017 20:15:18 GMT

Current Revision posted to Intellectual Property Rights by Joel Tragesser on 7/19/2017 8:15:18 PM

It is often said that copyright protection is the easiest to obtain but the most difficult form of intellectual property to enforce. In this session, we will provide an overview of various forms of intellectual property. In addition to the benefits and limits of copyright registrations, attendees will learn about social media usage as well as strategies for clearing content and avoiding infringement issues.

www.authorlearningcenter.com/.../Copyright-and-Intellectual-Property-Basics-for-Writers.mp4

About the Presenter:
Joel Tragesser is a partner in the Intellectual Property Practice Group of the national law firm Quarles & Brady. He practices in the areas of copyright and trademark law, brand management, intellectual property licensing, and business intellectual property litigation. His work includes prosecuting copyright and trademark applications in the United States and foreign countries, drafting software licenses and litigating infringement and business disputes. Joel often speaks on the interrelation of technology and intellectual property. His family and he volunteer for various non-profit organizations.

Tags: fiction, Nonfiction, Subscriber, Recorded Webinar

Do I Need an Agent or an Attorney? - article

Dana Newman — Sat, 25 Feb 2017 11:14:41 GMT

Current Revision posted to Intellectual Property Rights by Dana Newman on 2/25/2017 11:14:41 AM

As an author, you may be wondering whether you should work with an attorney or an agent. An attorney can help you draft and negotiate contracts and can also advise you on intellectual property issues. An agent, on the other hand, will act as your advocate and liaison with editors and publishers. An agent will take an active role in helping you prepare book proposals and manuscripts and will be there with you throughout the process of submitting your book as well as negotiating a contract and figuring out how to monetize the rights to your work.

The disadvantage of an attorney is that he or she may not have the kinds of relationships with editors and publishers that will help you sell you work. An attorney can help you negotiate a contract, but when it comes to promoting and selling your work, you’ll be on your own. An agent can help you promote and sell your work and will have extensive knowledge of the publishing market. Most agents also should have experience working with intellectual property rights and negotiating contracts, but obviously they aren’t likely to have the same level of expertise in those areas as the right sort of attorney.

Tags: article, fiction, Nonfiction

Do I Need an Agent or an Attorney? - video

Dana Newman — Sat, 25 Feb 2017 11:14:29 GMT

Current Revision posted to Intellectual Property Rights by Dana Newman on 2/25/2017 11:14:29 AM

When you are writing a book that includes sensitive material, you may wonder: Do I need a literary agent or attorney (or both)? Dana Newman, intellectual property attorney, helps you decide if you need an attorney or agent based on the typical roles and tasks of those resources. An attorney can help you draft and negotiate contracts and can also advise you on intellectual property issues. The disadvantage of an attorney is that he or she may not have the kinds of relationships with editors and publishers that will help you sell your work. On the other hand, a literary agent acts as your advocate and liaison with editors and publishers. An agent takes an active role in helping you prepare book proposals and manuscripts, submit your book, and negotiate a publishing contract. Literary agents should have experience working with intellectual property rights and negotiating contracts, but obviously they aren’t likely to have the same level of expertise in those areas as an attorney.

www.authorlearningcenter.com/.../ALCATEDanaNewmanDoINeedanAgentoranAttorney.mp4

Tags: fiction, Nonfiction, video

Do I Need an Agent or an Attorney? - podcast

Dana Newman — Sat, 25 Feb 2017 11:14:17 GMT

Current Revision posted to Intellectual Property Rights by Dana Newman on 2/25/2017 11:14:17 AM

www.authorlearningcenter.com/.../ASIALCATEDanaNewmanDoINeedanAttorneyoranAgent.mp3

Tags: fiction, Nonfiction, podcast

Do I Need an Agent or an Attorney? - Article

Dana Newman — Wed, 14 Dec 2016 00:00:00 GMT

Revision 1 posted to Intellectual Property Rights by Dana Newman on 12/14/2016 12:00:00 AM

Tags: article, fiction, Nonfiction

Do I Need an Agent or an Attorney? - Video

Dana Newman — Wed, 14 Dec 2016 00:00:00 GMT

Revision 1 posted to Intellectual Property Rights by Dana Newman on 12/14/2016 12:00:00 AM

www.authorlearningcenter.com/.../ALCATEDanaNewmanDoINeedanAgentoranAttorney.mp4

Tags: fiction, Nonfiction, video