Fair and Unfair Publishing Contracts: [How] Can Authors Protect Their Rights

Introduction: In the United States authors’ rights to enjoy the fruits of their labor are protected by the Constitution: “The Congress shall have power . . . to  promote the progress of science and useful arts, by securing for limited times to authors the exclusive right to their respective writings.” This Constitutional grant or legislative authority is author-friendly in affirming that authors are entitled to the potential rewards made possible by a time-limited monopoly. However, while the benefits of copyright initially belong to authors, once they assign their rights to publishers and other content distributors, the copyright baton passes, and authors cede control to their transferees. Continue reading…. Fair and Unfair Publishing Agreements

First published NYSBA IP section journal, Bright Ideas, Winter 2016, Vol. 25, No. 3