Q&A: Rights

Posted by Dan Steven on Jan 17, 2009

Q.  What rights should I grant to my publisher? The standard book publishing agreement “Grant of Rights” clause commonly takes all “print” rights plus certain specified “subsidiary” rights – foreign, translation, book club, electronic, film & television, audio, dramatic, and periodical.  Don’t skim over these clauses — they are the most important elements of your publishing...

Q&A About Film Rights

Posted by Dan Steven on Dec 5, 2008

Note:  With the tough publishing market, many mystery novelists are turning their talents to film and video.  Here are some of the common questions I receive: Q:      I have a great idea for a screenplay about Elvis pretending to be dead so he can fulfill his ambition of being a secret agent.  Since he really is dead, my project would obviously be a work of fiction and the product of my own...

Google Book Lawsuit Settlement

Posted by Dan Steven on Nov 13, 2008

Q.  Tell me about the Google copyright lawsuit settlement. A.  Three years ago, the Author’s Guild and other plaintiffs filed a class action lawsuit against Google for its “Book Search,” alleging that Google violates the copyrights of authors and publishers in books by digitizing (scanning) them, creating an electronic database of books, and displaying short excerpts without the copyright...

Q&A: Date of Publication

Posted by Dan Steven on Oct 16, 2008

Q.  Should I negotiate the date of my novel’s publication? A.  Yes!  There always should be a limit to the amount of time a publisher has to publish your work.  If no time frame is specified, you run a significant risk: What if the publisher runs into monetary problems, or reorganizes the types of books they publish?  Or maybe they’re not even really sure if they want to publish it anymore, but...

Libel in Fiction

Posted by Dan Steven on Aug 17, 2008

Q.   I heard about the libel lawsuit against “Law and Order.”  I thought fiction was exempt from defamation claims.  What gives? A.   Making a libel-in-fiction claim in the U.S. (other countries may differ substantially) has historically been very difficult for several reasons.  First, the Supreme Court has ruled that an author or publisher can be liable for defamation only upon a showing of...

Q&A: Fair Use

Posted by Dan Steven on Nov 15, 2007

Q.  Can you tell me, once and for all, what exactly is “fair use?”  A.  This is the single-most asked question of publishing lawyers.  Thanks to the wonderfully dense language of Congressional bill writing committees, and the courts’ interpretation of their efforts, it is difficult to answer. Section 107 of the U.S. Copyright Act provides that “the fair use of a copyrighted work . … for...