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Author Archive | Sheila J. Levine

Characters and Copyright Protection

Gerald M. Levine, co-author It would be unusual in a work of any genre for every part to be protected by copyright law even though the whole work bears the symbol ©. Only when an infringement is alleged and challenged does it become apparent that the phrase “original works of authorship” (Section 102(a) of the […]

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Fair Contracts for Authors

Gerald M. Levine, co-author In May 2015, the Authors Guild announced its Fair Contract Initiative, and more recently the Internatioanl Authors Forum presented “Ten Principles for Fair Contracts.” Both highlight the same ” standard” contract terms. These include length of license, fair royalties on e-books . . . . Continue reading Column from Publishers Weekly […]

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Derivative Works: Who Owns What?

Courts have recently been busy dealing with the puzzling concepts of derivative works, fair use, and transformation. “Transformation” is the underlying principle of derivative works created either by the author or licensees with the author’s permission; or created without the author’s permission legally under the fair use doctrine. There are two sets of rights granted […]

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Next Book Option In Publishing Contracts: Benign to Toxic

Co-author Gerald M. Levine In May 2015 the Authors Guild announced its “Fair Contract Initiative.” So far it has addressed royalty rates on e-books (should be 50% of net receipts not 25% as it presently is), term of license (should be less than term of copyright which is the default term for print books), name […]

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Celebrating 305 Years of Statutory Copyright Law

Gerald M. Levine, Co-author Rights in Literary Property The United States Copyright Office and many people on social media, particularly on Twitter, have been celebrating the enactment of the first national copyright act in this country that President Washington signed into law on May 31, 1790. The 1790 Act was largely adopted from an earlier […]

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The Role of Investors in Marketing Literary Works

The following article first appeared in Independent Publisher. The full text can also be read in full below. Co-Author Gerald M. Levine Copyright adheres to creative works when they are fixed in tangible mediums of expression for the first time. At the moment of fixation authors own and control their works in every respect, but […]

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Characters As Protectable Assets Do Not Survive Copyright Termination

Co-author Gerald M. Levine Characters as protectable assets do not survive copyright termination of the works in which they appear even though they may continue to live on in works that continue in copyright.  All works published prior to January 1, 1923 are in the public domain, a vast repository of cultural wealth available for […]

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Delay in Suing for Copyright Infringement

Co-author, Gerald M. Levine Delay in suing for copyright infringement is not fatal to a claim for damages. Plaintiff in the U.S. Supreme Court’s recent 6-3 decision in Petrella v. Metro-Goldwyn-Mayer, Inc., decided on May 19, 2014, waited 18 years to bring suit. The majority held that laches cannot be invoked as a bar to […]

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Internet Subscription Libraries

Co-author, Gerald M. Levine New Internet subscription libraries are offering to “lend” digital books based on subscription models that brick and mortar lending libraries in England invented in the 19th Century.  For $X dollars per time period subscribers gain access to vast collections of backlist and self-published books at less cost and with none of […]

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Terminating Exclusive Licenses

Co-author, Gerald M. Levine Terminating exclusive licenses after the passage of time is a statutory right. The Copyright Act of 1976 decrees that the author shall have a right exercisable only once for each separate literary work under exclusive license and for a brief window of time after 35 years from the date of a […]

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