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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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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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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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Predictability Depends on the Panel You Draw

A general view formed early in the UDRP jurisprudence is that for predictability decisions “should consist of more than, it depends what panel you draw’.” Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001) (<lifemagazine.com>). The goal for consistency is achieved through “a strong body of precedent” which “is strongly persuasive” even if not binding. […]

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Limits of Protected Speech

The question of protected speech is whether the protection is to the domain name or the contents of the website. There are two official “views” about critical speech. Both recognize (at least, generally) that use is “fair” if it is foretold or announced in the domain name and expressed in the content. Thus, “trademark+pejorative.com” that […]

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Consequences of an Unsatisfactory Manuscript

Co-author, Gerald M. Levine The traditional publishing process begins with an editor’s enthusiastic response to an author’s outline, proposal, and sample chapter, followed by an offer and contract from the publisher.  Once the contract is signed the focus shifts to the quality of the final manuscript. The publishing contract includes a “d & a” (abbreviation […]

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Paying Authors for Their Work

Co-author Gerad M. Levine Whether money is the motive for writing – “[n]o man but a blockhead ever wrote, except for money” (Samuel Johnson) – or only one of the rewards for those lonely hours of composition, how does the author get paid? Before she reaches the “royalties” clause in her publishing contract she has […]

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Licensing Work for a Collection

Co-author Gerald M. Levine Including a work in a collection or compilation depends on who owns the copyright and the licensing terms if the work is owned by the author. Compilations of like works or genres may be a goal eagerly sought by authors. Collections may be under a publisher’s control.  Internet compilations may be […]

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Pitfalls for Self Publishing Authors

There are publishers in the traditional sense who curate the books they publish and there are companies that provide printing services for self publishing authors without curation who pretend to be traditional publishers. Be wary of printing contracts styled as publishing contracts. The business models are entirely different. Printing contracts can be misleading in describing […]

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