Legal Issues

News You Can Use – March 12, 2013

Plagiarism and the Link – How one author got sued when his publisher forgot to include the proper hyperlinks in his article. Read this article before write another thing.

Legal Issues for Authors – Particularly Those Who Self-Publish – An interview with Paul Rapp and attorney who specializes in intellectual property law. (Click here for his many articles on various topics in this area.)

How Many Copies Does It Take To Be an Amazon Bestseller? – Fascinating article that tries to answer every author’s question. But the use of BookScan as a threshold immediately creates controversy because not everyone sees it as authoritative.  Here are links to articles that dispute the accuracy of BookScan because of it being limited to only stores that report to them. (Here and here.)

Thomas Nelson Revives Two Imprints – Nelson Books will be headed by Brian Hampton. W Publishing will be headed by Matt Bauer.

Virginia Woolf on How to Read a Book – Who’s afraid to read this article?

“To read a novel is a difficult and complex art. You must be capable not only of great fineness of perception, but of great boldness of imagination if you are going to make use of all that the novelist — the great artist — gives you.” – Virginia Woolf

Life Emerges Inside Elaborately Carved Wooden Books – Amazing works of art by Nino Orlandi. Click through to see more. I have clipped one example below to whet your appetite.

NinoOrlandi1

 

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The Cost of Permissions vs. Fair Use

by Steve Laube

Every book contract has a clause that reads something along these lines:

If permission from others is required for publication of any material contained in the Work or for exercise of any of the rights conferred by this Agreement, Author shall obtain such permissions at Author’s expense, in a form acceptable to Publisher, and shall deliver such permissions to the Publisher as part of the complete manuscript of the Work. Permissions shall cover all territories, rights and editions covered by this Agreement.

In other words, if you use someone else’s book you must get permission or a license and cover the cost of that license. Be sure to consult with your agent or your publisher when securing the license to make sure it fully covers your project. Some places will charge for the first x number of copies and then require that you pay again if you sell more.

There are some projects where the permissions and licensing are a bit more complicated, especially with certain non-fiction books. For example, our clients Khaldoun Sweis and Chad Meister created Christian Apologetics: An Anthology of Primary Sources (Zondervan, 2012). This 560 page book compiles selections from over fifty primary sources that address various challenges in the history of Christian apologetics. The compilation includes a wide range from Saint Augustine to Saint Teresa of Avila and Blaise Pascal, to more recent and present day apologists such as C. S. Lewis, Alvin Plantinga, William Lane Craig (our client), and Richard Swinburne. (Click here for a sample chapter PDF and the Table of Contents.) To include every chapter’s material where the source was still under copyright the authors had to pay for the permission. They used the advance monies received from the publisher to secure those licenses.

Another example is our client’s project The Kingdom of the Occult (Thomas Nelson, 2008). (Click here for a sample of this work.) This 752 page reference book by the late Walter Martin and co-edited by Jill Martin Rische and Kurt Van Gorden has over 3,000 citations in it. When some of the citations are collected they comprise a good portion of the original source material. So they had to secure the permissions and pay for the licenses to use that source material in their book.

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The Landmine of Fair Use

by Steve Laube

Remember you can use the big green button to the right of this blog to ask us questions. Recently we received two that were on the issue of fair use of other people’s writing.

Steve,
What are the standard fair use rules for quotes of other published works? I used quotes in my book and my understanding was that if it was less than 250 words then you don’t need permission. But a friend is self-publishing and is concerned about quotations fearing she might get sued.

Always err on the side of getting permission.

One major publisher we work with has the author get permission for any quotations from a single source that is more than 25 words, collected (aggregate) across all uses of that source in the book. So if one quote is 10 words and 100 pages later is a quote for 20 words, the author must get permission.

Another requires the author get a written release from every person they interviewed and quoted in their non-fiction project. Including family members like your spouse, parents, or friends.

For more information read this excellent article by publishing attorney Kelly Way called “All’s Fair in Love and War – But Not in Copyright Law.”

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Implications of the Department of Justice Lawsuit Against Five Major Publishers

by Steve Laube

As you have heard by now the Department of Justice (DOJ) has leveled a lawsuit against Apple and five major publishers accusing them of conspiring to fix prices. There has been a lot written on the topic with varying degrees of understanding and a wide disparity of conclusions.

Authors are asking what this all means to them. And many are confused about the math involved. A great, and lengthy summary has been brilliantly composed at Shelf-Awareness. Read that article if you do not understand the details of the situation. It is important that every writer grasp the implications because it could affect how books are sold moving forward.

Already, three of the five publisher have agreed to settle without admitting guilt (HarperCollins, Hachette, and Simon and Schuster). And that settlement will take at least 60 days to finalize. This leave MacMillan and Penguin who have vowed to fight the suit. Such a fight could last years.

By the way, Random House was not named in the suit because they did not change their pricing policies until much later and thus cannot be accused of colluding.

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Deadlines and Taxes

Two certainties in the life of a writer. Deadlines and Taxes.

You know what a deadlines is. It has the word “dead” in it for a reason. And intrinsic to the reality of taxes is that April 15th filing deadline.

But what about those taxes?

Many articles appear in early April about taxes when approaching the filing date. But I thought we should explore a couple items now so there won’t be any surprises come April.

First, the obligatory disclaimer. I am not a tax attorney or a tax accountant. I am merely discussing concepts and ideas which you may or may not use in your situation. And, as always, when it comes to your taxes, make sure to consult a professional.

Some of you may roll your eyes and say, “I already know this.” But remember there was a time when you did not. I get many “beginner” questions each year from debut authors who are discovering much of the business side of this industry for the first time.

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What to do about Morals?

In a post written last weekend Richard Curtis, agent extraordinaire, expressed surprise at a new morality clause that has apparently appeared in HarperCollins’ contracts. Read his post here [warning: there is some Adult content and comments included in the post].

What the general market doesn’t realize is that many Faith-based publishers have had a “moral turpitude” clause in their contracts for a long time. Moral turpitude is well defined in this post on Wikipedia. It is understood in the legal community as actions or activities that can get you fired from your job, deported if you are a foreigner in this country on a Visa, or have your contract cancelled if you are an author.

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Lawsuit over Hyperlink?

In Canada a man is suing another person for linking to allegedly damaging web content on a web site (the suit is currently before the Canadian Supreme Court).  A big “thank you” to Mac Slolcum for writing about this issue last week. In his article Mac asks the pertinent question, “Is a link on your web site equivalent to an endorsement of that content?” Think about it for a second. If you click the “Like” button on Facebook aren’t you telling your “friends” that you endorse that product, idea, video, or web site? What about when you re-tweet someone’s comments and then link to their site (like I hope you do with my blog posts!

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