A trademark protects a word, phrase, symbol, or device – the mark – used in commerce to identify and distinguish one product from another. Each state has its own state laws to protect commerce within the state. And the Lanham Act provides protection across the country. Unregistered marks are also protected under state and federal case law.
A service mark protects Read the rest of this entry »
The Agent
It is common to hear writers lament, regardless of their level within the industry, that it is more difficult to land an agent than it is to find a publisher willing to publish their books. There is some truth to this.
Although writers do not need agents in all situations, they do need an agent when a publisher reviews manuscripts by invitation only or accepts manuscripts only from a literary agent or lawyer. So sending unagented, unsolicited manuscripts to publishers is pure folly in most cases. It’s folly because publishers seek to communicate only with professionals they have relationships with, those who know the business and have demonstrated they can present literary properties with potential financial viability.
The most common fear authors have when faced with a deal is the dreaded fear of negotiation. In the spirit of not wanting to offend, many authors in first-time bargaining situations shy away from asking hard questions and requesting more favorable provisions.
Worse still, some authors are intimidated by the process and the documents. That, coupled with an author’s excitement over the possibility of any deal, after receiving so many rejections, is a dangerous mix that often spells trouble.
Authors do not want to challenge the agent or publisher because they do not want to be perceived as difficult or money hungry. But remember, this is a bottom-line business, and the operative word is “business.”
On June 20, 2011 Tonya M. Evans will guest host the “Pennwriters Presents” online Q&A session during which she will field questions from Pennwriter members about copyright, contracts, trademark and the legal matters that matter to writers.
The “Pennwriters Presents” program features appearances from guest star authors, agents, and editors. The program is for members only–to join Pennwriters, click on this link.
In May 2011, Tonya led a workshop on legal matters at the annual Pennwriters Conference held in Pittsburgh. This summer, she will teach a teleclass series for writers. It will cover a range of topics from copyright basics to contract language and negotiations.
The answer to this question is more complex than it seems. The short answer is, it depends. Generally, the term of copyright protection lasts for the life of the author plus seventy years after the author’s death for works created after January 1, 1978. But for early works the duration of copyright protection depends on if the work was published and, if so, the date of publication. Additionally there special rules for anonymous and pseudonymous works, as well as works made for hire.
Click here to access a helpful chart to determine whether a particular literary or artistic work may be under copyright protection. [Source: Cornell University]
[© 2011 Tonya M. Evans. This post may be "shared socially" and republished provided this post is copied in its entirety and copyright and byline information is included for attribution. "This post is republished with permission from www.legalwritepublications.com. Copyright 2011 Tonya M. Evans"]
