Q&A: Protection Pen Name or Series Name

Posted by Dan Steven on Dec 13, 2006

Q.    Can I legally protect my pen name, or the name of my mystery series?  What about my web site? A.   Many novelists use pen names or pseudonyms and many also have a “branded” series of mysteries, usually named after the chief character (e.g., Noreen Wald’s “Kate Kennedy South Florida Senior Sleuth” series.)  What such writers have in common is the need to protect the goodwill and value of...

Real People in Novels

Posted by Dan Steven on Oct 11, 2006

When you write about real, live people you can expose yourself to legal liability in multiple ways.  And simply changing the names is no solution if the person can be identified by circumstances, appearance, or setting. There are essentially three types of “real persons” protected by the law —  living ordinary people; living public figures (celebrities) and, in some states, dead public...

Q&A: Retiring Agent

Posted by Dan Steven on Sep 23, 2006

Q.   My agent notified me she is retiring.  She has submitted my latest novel to several publishers, but I have not yet received an offer.  What happens if an offer is made?  Do I still owe a commission to her?   A.  Start with the general rule: an agent is entitled to receive a commission on royalties on publishing contracts she negotiated during the term of the agency agreement  — even...

The Reel Deal

Posted by Dan Steven on Jul 17, 2006

So You Want To Be In Pictures? It’s every writer’s fantasy — Hollywood buys your story and before you know it, you’re watching your name roll down the credits of a summer blockbuster.  Likely? Of course not.  Nevertheless, the chances of your work being considered for film or television might be greater than you think — if you know the ropes.  Film and television...

Q&A: Permissions

Posted by Dan Steven on Feb 1, 2006

Q.  When do I need permission to use someone else’s material, such as song lyrics or poetry, in my novel? A.  The answer is simple: whenever the failure to seek permission will result in copyright infringement.  Since 1976,U.S.copyright is automatic when an original work — text, art, photos or music — is created and fixed in a copy or recorded for the first time.  Neither...

Q&A: Cross-collateralization

Posted by Dan Steven on Jul 17, 2005

Q. What is cross-collateralization, and is there a cure? A. Cross-collateralization is an accounting concept (stay with me here) used in publishing agreements (and also commercial loans). It refers to the right of the publisher to charge your royalty account for any amount owing to the publisher under any other agreement. Unfortunately, many writers fail to understand the impact...