Lit Law for Writers on the Go! Blog

Legal Write Pub E-Brief: May/June Events Issue

2008-05-26T11:13:00.003-04:00

Legal Write Publications E-Brief
What's New!

In This Issue
Next Stops on the Lit Law Express
ForeWord Book of the Year Finalist
The Dreaded Fear of Negotiation, by Tonya M. Evans-Walls

Quick Links
Visit our website
Writer Resources
About Us
Visit our Bookstore

~~~~~~~~~~~~~~~~~~~~~~~~~~~
May 26, 2008

Greetings,

The first official day of summer isn't until June 20th but Memorial Day Weekend seems to be the unofficial start for most. And I don't know about the weather in your neck of the woods, but folks in Texas are knee deep in the 90s from the looks of the national weather map! As for Philly, the weather today is picture perfect - warm, breezy, nurturing and energizing. And it's a great day to garden as the family grills and chills on the deck.

And it's also a great opportunity to let you know about some important upcoming events in May and June, including ForeWord Magazine's "Best of 2007" Awards announcements at BookExpo next week where we could win Best Reference Book of 2007!

See below for important event information, articles, links and an exclusive 20% sale on all on-line purchases if you order by May 31st.

And also check out the exciting details about Contracts Companion for Writers, selected by ForeWord Magazine as Book of the Year Finalist in the reference category!

~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEXT STOPS ON THE LIT LAW EXPRESS

BookExpo America

May 27 - June 1 ScheduleEvents
May 29th: Tonya Evans-Walls, member of the PMA University Faculty, presents "Protect Your Copyright, Fair Use and Permissions" at 4:00 PM with Jonathan Kirsch. All PMA U events are held at the Wilshire Grand Hotel.
May 30th: Signing copies of Copyright Companion for Writers at 1:00 P.M. in PMA Pavilion Booth 727
May 31st: Signing copies of Contracts Companion for Writers at 2:00 P.M. in the Autographing Area, Table 26
May 31st: Delivering remarks at the African American Pavilion Awards Ceremony at approximately 3:00 P.M in the Staging Area next to Booth 4256
May 29-June 1: All legal reference titles on display in the New Title Showcase Display Area at the Convention Center entrance and in the Booth 727. Show specials include 50% off all orders of 10 or more copies plus free S/H. Click here for more info.

Other Upcoming Events

Various poetry readings in Philadelphia, NJ and DC (check website often for updated schedule)
June 19-21: Black Writers Reunion & Conference, Tampa, FL
For more information about these and all other events and appearances, visit our Events Page at www.legalwritepublications.com.

~~~~~~~~~~~~~~~~~~~~~~~~~~~
Contracts Companion Named Finalist in ForeWord Magazine Book of the Year Awards!

Contracts Companion for Writers has been selected by ForeWord Magazine as a 2007 Book of the Year Finalist in the Reference category.

Nearly 1,600 books were entered in 61 categories. These were narrowed to 658 finalists, from 350 publishers. Gold, Silver, and Bronze winners, as well as Editor's Choice Prizes for Fiction and Nonfiction will be announced at a special program at BookExpo America at the Los Angeles Convention Center in Los Angeles on May 30. The winners of the two Editor's Choice Prizes will be awarded $1,500 each.

Wish us luck!

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Lit Law Advice from Tonya Evans-Walls
The Dreaded Fear of Negotiation

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." Agents and publishers have their own attorneys, and so should you. Any reputable person in the industry understands that offers should be negotiated by competent professionals; it's just business.

Exceprt from Contracts Companion for Writers

Have a great week and be sure to visit us on the web at our site and on MySpace.

Write on!

Tonya M. Evans-WallsLegal Write Publications

~~~~~~~~~~~~~~~~~~~~~~~~~~~

EXCLUSIVE 20% DISCOUNT @ www.legalwritepublications.com

Use the discount code "0531PROMO" and enjoy a 20% discount off all on-line purchases of $15.00 or more. Act now so you don't miss this amazing opportunity! Order today and don't forget to use this exclusive discount code to save! You can use this code as many times as you want before the expiration date so share it with a friend! Order now at http://www.legalwritepublications.com/books.htm#top

Offer Expires: May 31, 2008

Legal Write Publications PO Box 25216 Philadelphia PA 19119

Copyright in the Digital Age

2007-11-30T17:59:00.000-05:00

Excerpt from Chapter 4 of Copyright Companion for Writers by Tonya M. Evans-Walls titled "Copyright in the Digital Age" To order visit: www.literarylawguide.com or your favorite bookseller.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright 2007 Tonya M. Evans-Walls (info@legalwritepublications.com). Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, including author's copyright and contact information. All other rights reserved.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DISCLAIMER: The author is not engaged in rendering legal or other professional services as a result of the information contained in this article, nor is this article meant to constitute legal or other professional advice. If legal or other professional assistance is required, the services of an attorney should be sought to discuss your individual needs since all legal issues are fact-specific.

=====================================================
In chapters 2 and 3 [of Copyright Companion for Writers], I covered the basics of how copyright comes into existence, what a copyright owner has the right to do, and why and how to register your copyright. This chapter explores both the benefits and the challenges of digital technology as it relates to copyright formation and protection.

There is no doubt that new technology has had a substantial impact on the trade publishing industry. The changes brought about by technology are exciting and inspiring, but also troubling and challenging. A whole new world—the World Wide Web—offers unprecedented access to information, peers, and consumers. Continual accessibility to information and cut-and-paste technology have led to protection problems and widespread "sharing" and "use," which in turn have led to widespread infringement of perfect digital copies.

This phenomenon has led to a generational shift in the appreciation of copyright and infringement, and a fundamental misperception that "if it's accessible on the Internet, it's free." And it's not just a sense that information on the Web is free: people who have that belief also believe they are somehow entitled to use the information. So as advances in technology challenge the effectiveness of existing copyright laws, the balance between an author's rights to control work and the public's right to benefit from creativity becomes more tenuous.
=====================================================

For more information and to purchase a copy of Copyright Companion for Writers or any other book or e-book in the Literary Entrepreneur Series--, visit www.legalwritepublications.com

"They like me ... they really like me!"

2007-11-04T19:12:00.000-05:00

FOR IMMEDIATE RELEASE
November 4, 2007

CONTACT: Legal Write Publications at info@legalwritepublications.com

Tonya Evans-Walls named Award-Winner in the Business: Law/Reference category of the USABookNews National Best Books 2007 Awards!

It is with great pleasure that I announce Copyright Companion for Writers was selected as a "Winner" in the "Business: Law/Reference" category of the esteemed USABookNews.com's National Best Book Awards of 2007.

Copyright Companion for Writers is a comprehensive, understandable layperson's guide that discusses how copyright is created and the benefits of copyright registration, why the "mail your manuscript to yourself" theory of protecting one's copyright (a/k/a the Poor Man's Copyright) is a MYTH!, the difference between fair use and public domain, what infringement is and how to avoid it or assert your own claim, how to obtain permissions to use copyrighted works in one's own work -- like song lyrics, pictures, and quotes, how to protect copyright in the digital age, and what writers need to know about copyright protection in other countries.

For more information about this and other legal reference guides for writers and other creative folks, visit our website at: http://www.legalwritepublications.com/

A complete list of winners and finalists in each category can be found at: http://www.usabooknews.com/bestbooksawards2007.html

###

When and Why You Should "Get it in Writing"

2007-10-19T23:59:00.000-04:00

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Copyright 2007 Tonya M. Evans-Walls (info@legalwritepublications.com). Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, including author's copyright and contact information.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

[An excerpt from chapter 1 "Get It In Writing" of Contracts Companion for Writers, by Tonya M. Evans-Walls (Legal Write Publications 2007). To order visit www.literarylawguide.com or your favorite bookseller.]

From the moment we wake up until the moment we go to sleep, our days are filled with negotiations and agreements—with family (especially kids!), friends, co-workers, employers and employees, salespeople, and even (or particularly) our adversaries. No relationship, whether personal or professional, is immune from this certainty. From politics to pee wee football, our country and, indeed, our world turn on negotiating rights and responsibilities of various parties for innumerable purposes.

We participate in the give-and-take of negotiations basically to get what we want. But negotiations are rarely a zero sum game so, in the famous words of the Rolling Stones, "You can't always get what you want." Therefore, two goals exist in making contracts with others: to maximize what we receive from others and to minimize what we have to give up or do in return. And this reality is certainly present in the world of writing and publishing. But, as you will learn in chapter 2, not all agreements are legally enforceable contracts.

I am often asked (by people who obviously do not watch People's Court) whether it is necessary to write down every agreement and sign on the dotted line. The simple answer (which you rarely hear from a lawyer) is no, or at least not necessarily. As you will learn in this book, you need not reduce an agreement to a writing signed by the parties for a legally binding contract to exist, except for agreements required by law to be in writing, like the purchase or sale of real estate or a long-term lease. As long as a verbal agreement contains both the essential and the material elements of a contract (offer, acceptance, consideration, intent to contract, legal capacity to contract, and a legal object of contract, as discussed more fully in chapter 2), that verbal agreement will constitute a binding and legally enforceable agreement, also known as a contract.

Essentially, the term "contract" means a legally enforceable agreement between two competent parties. "Competent" means the contracting parties must be of age and in their right minds. And each party agrees to exchange something of value, like money, for goods or services, for example. Of course, with oral contracts, the hard part is proving the terms if something does not go as planned or if someone fails to perform as expected.

So to be prudent, particularly regarding important agreements you would want to enforce in court or through some other legal proceeding if the other party failed to live up to her end of the bargain, it is best to put your business arrangements in writing because a well-written writing signed by all parties can serve as a clear record of the agreed-upon terms and conditions, and can help to avoid misunderstandings and miscommunications. The absence of a clearly written agreement beforehand is the stuff that protracted litigation, ruined relationships, and whopper legal fees are made of. And it is always amazing how fuzzy someone's memory can be when a deal goes badly and a misunderstanding develops or someone believes she didn't get what she bargained for. This is especially true when the deal involves valuable and unique literary or artistic works and services.

Even if you do not have a formal writing replete with fancy legalese, at a minimum you should send a confirmatory e-mail or letter stating your understanding of the agreement. This will at least memorialize your understanding of your and the other party's rights and responsibilities, and give the other party an opportunity to respond and to clarify potential issues up front, if there is a difference of opinion.

For more information visit www.literarylawguide.com

Legal Matters that Matter to Creative Folks

2007-09-14T14:09:00.000-04:00

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

and should never replace competent legal advice from your legal representative.**

We creative people are notorious for getting caught up in the process of creating, often at the expense of fully comprehending and appreciating the business side of our creativity. Because of our absorption in the creative process, little attention is given to the potential legalities we creative folks face before, during, and after the creative process.

But did you ever stop to consider the legal implications, rights, and obligations that may exist because of what you created? For example, have you ever …

guarded your manuscript, lyrics, photos or paintings, forbidding anyone to see them for fear that they might steal your brilliant ideas?
mailed your creative work to yourself, believing your copyright interests were somehow protected?
been confused about the difference between a copyright, trademark and patent?
pieced together a contract from contracts you found by searching the Internet? Or (worse yet) cut and pasted information (words, images or sounds) from the web and used it in your own work thinking it is “fair use”?

If the answer to any of these questions is yes, you may be in danger of jeopardizing your rights or infringing the rights of others. So read on. But one word of caution. This article is for informational purposes only. Do not use it in place of legal counsel by an experienced intellectual property lawyer. Get the facts from an expert. And FYI, your friend who watches a lot of Law & Order episodes doesn’t count!

Clearing Up the Confusion about Copyright

A copyright protects an author’s original artistic or literary work, whether published or unpublished. Under copyright law, the term “author” has a special meaning: the creator of an original literary or artistic work. Thus, the word “author” includes not only writers but photographers, singers, painters, sculptors – anyone who creates a literary or artistic work.

A Little Legalese Q&A

What can and cannot be copyrighted? Generally, copyright protects all original writing and artistic creations: letters, e-mail, poetry, manuscripts, songs, photographs, CDs, recordings of written works, musical scores, movies, sculptures, artwork, and even architecture. Book and song titles cannot be copyrighted. Ideas cannot be copyrighted.

What do you have to do to copyright your work? If you have created an original work in some tangible form – in writing or on film or tape or canvas, for example – then you don’t have to do anything. You automatically own the copyright. But you should register it with the Copyright Office for further protection.

Can you use a picture you took of someone else in any way you choose? Although the photographer usually owns the copyright in the picture, the person captured in the picture may hold a competing interest: the right of publicity. This right, governed by state law, gives a person (usually a celebrity or public figure) the exclusive right to use his or her name, likeness, or other aspect of his or her persona for profit, and the right to prevent others from using those aspects without authorization. Similarly, the photographer may even be prohibited from making and distributing copies of a picture that captures a painting, sculpture, or other work of art if that work is otherwise protected by copyright.

Welcome to a glimpse of the complex universe of legal matters that matter to creative folks. Perfecting your craft is important indeed. Understanding the legal side of creativity is imperative. Honor yourself, your work and the rights of others by asking the right questions and getting the right answers. Don’t leave your rights to chance. Empower yourself with information and take your creativity to the next level.

The Players involved in selling your rights

2007-08-04T18:51:00.000-04:00

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The process of literary property acquisitions involves a number of professionals. This chapter identifies and explains the roles of the various parties and describes the acquisitions process itself.

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.

Great agents and agencies are in high demand because they have demonstrated success in providing the critical service in the literary representation process—access to decision makers—and parlaying that access into actual placement, also known as the sale. If you are in search of an agent, word of mouth and referrals are tried-and-true methods of landing the right one. Also, review the acknowledgement pages of books like yours or consult trade publications like the Writer's Digest. Another option is to check out books like Writer's Market and Literary Marketplace, and Web sites like http://www.publishersmarketplace.com/.

But as with most things, one size does not fit all in the world of literary agencies. So finding the right agent is key. That does not necessarily mean the most prestigious one or the one with an office near you. It means you must identify agents who specialize in your particular genre of writing.

A good literary agent generally does the following:

Enters into a written agreement with the writer.
Acts primarily as an intermediary between writer and editor to identify the writer's genre and target market and to query or submit the manuscript to a list of publishing houses that cater to that particular genre and market.
Constantly cultivates relationships within the industry to increase potential opportunities for her clients.
Knows and successfully negotiates the basic deal points.
Receives a writer's compensation, deducts his or her commission, and then pays the writer in a timely fashion.
Provides editorial guidance and light editing for the writer during the writing process.
Keeps the writer reasonably informed of submissions and responses.

A good literary agent generally does not do the following:
Charge a fee up front (i.e., a reading fee). An agent's compensation comes in the form of a commission (usually 10 to 20 percent) if and when she sells a property. This caveat does not include extraordinary expenses (e.g., Fed Ex vs. regular USPS postage, travel, and the like). But these costs should be reasonable and documented; and after a certain dollar amount they should be preapproved by the writer. You should also consider a cap on costs, above which the agent must get authorization to incur charges.
Name-drop clients and recent sales unless already public knowledge or with the consent of the clients.
Offer his or her own fee-based editorial services or strongly recommend one editorial company in particular.

Because of the importance of the literary agent and the challenge in finding just the right fit, you will likely have to submit query letters to a number of agents before landing one willing to take you on.

The Literary Lawyer

A literary lawyer can serve as an agent to sell literary properties, as noted above. Another role of the literary lawyer is more limited, but often very valuable—that of a professional independent party to review the contract and advise the writer about the terms of the deal. In this capacity, the literary lawyer identifies what additional terms, if any, should be included and what terms should be revised or deleted. This role is complementary to the agent's role in "getting" the deal or is the key negotiation role when an author does not have an agent (e.g., in a sale to an independent publishing house). The value of a literary lawyer to a writer is that the writer receives an independent legal opinion from someone knowledgeable about publishing contracts (not all agents are lawyers); someone who, in most cases, is working for an hourly rate rather than for a percentage or commission and therefore, in theory, is not biased by the hopes of a piece of the deal or the author's career. Further, some agents (consciously or subconsciously) do not want to upset their existing relationships within the industry and therefore do not push for every last deal point that might benefit a writer.

Literary lawyers can also vet manuscripts for potential legal issues; assist in securing permissions or registering, licensing, and reclaiming your intellectual property rights; and prepare and negotiate other legal agreements you may enter into as a result of your manuscript, such as a licensing or collaboration agreement.

Lastly, literary lawyers can represent publishers and draft and negotiate a company's standard contract with authors.

A good literary lawyer generally does the following:

Reviews contracts and advises the writer on the terms.
Negotiates additional terms with the publisher, if appropriate.
Works actively with the existing professionals (agent, publicist, editor, contracts department) to understand the status of the deal, explain the terms and status to you, and add to rather than detract from the process.
Stays on top of current trends and deals in the industry.
Vigorously negotiates on behalf of the writer.
Maintains the ethical duties to the client of confidentiality and loyalty, thus at all times putting the best interests of the client ahead of his or her own.
Assists the writer in acquiring any necessary permissions to use third-party copyrighted materials and releases from interviewees and the like.
Drafts publishing, agency, collaboration, work-made-for-hire, options, licenses, and other contracts within the industry.
Vets manuscripts for potential legal issues and advises clients about how to avoid or minimize potential liability.

A good literary lawyer generally does not do the following:
Steal a deal away from an agent who placed the work.
Blur the line between lawyer and agent. As noted above, all lawyers owe a professional duty of loyalty and confidentiality to the client, but an agent has only a fiduciary and contractual relationship with the client. Of course, ethical cannons may forbid a lawyer from participating financially in the outcome of a client's legal matter or at least substantially regulate a lawyer who has a fiduciary relationship with, and financial interest in, a client.

Editor

There are several types of editors in the publishing industry. For purposes of this discussion, "editor" refers to a decision maker employed by a publishing company to seek, review, and purchase manuscripts (or authors to create manuscripts) on behalf of the publisher. This process is known as acquisitions. The acquisitions editor (AE) may also facilitate the final editing process, and oversee the layout, design, production, and marketing of the book.

The AE relies on queries, proposals, and existing relationships with writers, agents, and others within the industry to learn about new properties and story ideas that might match the publisher's various book programs.

Once the AE identifies a potential purchase, he or she reviews the manuscript, evaluates the author's writing abilities, identifies the potential market and market penetration, and considers an appropriate publication schedule. The AE also pitches the manuscript internally to some or all of the editorial, marketing, sales, and upper management personnel within the company to evaluate the financial and overall merits of acquiring the manuscript. Finally, the AE is responsible for negotiating the contractual terms of the publishing agreement with the author or author's representative and overseeing the publication process (sometimes at the macro level and sometimes at the hands-on level of a development or production editor).

A good acquisitions editor generally does the following:

Maintains a broad range of relationships with authors, author representatives, and industry professionals.
Plans the best possible market penetration for the book.
Knows his or her company's publishing needs and schedule.
Knows the company's standard contract terms.
Facilitates a smooth, orderly, and efficient contract negotiation.
Understands all aspects of the prepress, marketing, and publication processes.
Facilitates the polishing of the manuscript and provides support to the author.

A good acquisitions editor generally does not do the following:

Fail to give the author a workable publication schedule.
Promise terms that are conveniently left out of the term sheet or contract.
Discourage an author from consulting with an agent or lawyer.
Fail to keep the author informed of changes to the manuscript or publication schedule and process.

________________________
Contracts Companion for Writers

Table of Contents
1 Get It in Writing
2 Contracts Basics
3 When a Good Deal Goes Bad
4 Transferring Your Rights and Getting Them Back
5 What Freelancers Need to Know
6 CYA: Media Perils Insurance
7 The Players and the Process
8 The Collaboration Agreement
9 The Work-Made-for-Hire Agreement
10 The Agency Agreement
11 The Publishing Agreement
12 Songwriting and Publishing Agreements
13 The Licensing Agreement
14 Permissions and Releases
Appendix A Resources
Appendix B Forms
Glossary
Index

Order an autographed copy at http://www.literarylawguide.com/ or order copies at your favorite bookseller.

Postcards from the Edge ... of BEA #4 - Final Edition

2007-06-04T21:09:00.000-04:00

Greetings!

As much as I love travelling, there's NOTHING like returning to the comfort of the familiar - my own home. My living room, deck, garden, fully stocked fridge, firm pillows and a high-end mattress, since unfortunately my back often reminds me that I am the person on which the Princess and the Pea character was based. I did, however, truly enjoy my time in New York during PMA University and BookExpo!

This blog post is a catch up and recap of all the wonderful things that transpired during the Big Show on Saturday and Sunday and all of the friends and colleagues -- both old and new -- with whom I connected over the past week. I don’t want to start naming names because I will definitely leave someone out. But I particularly enjoyed connecting with all of you from my list this past weekend.

Saturday was jam packed with drama and show floor activity. First, our shuttle woes continued with a well-meaning but terribly misinformed driver. It seems he received word -- perhaps from outer space -- that although he’d arrived at the Park Central Hotel at 7:50 AM, he was not to leave for Javits until 8:30 AM. Wrong. And for those of us who got up before dawn to make an early shuttle, this reality did not go over well. The shuttle is actually scheduled to run every 10-15 minutes. But none of us on the bus could convince him of this. Only the person whose name appears on his checks could have convinced him -- even if his next check would certainly be his last! Now, I do not like to mess with anyone's income so it is not like I wanted the guy to be fired. But that rule about not messing with income certainly includes my own bottom line! And each year we spend thousands of dollars to attend BEA – this year was no exception. So I planned to get my money's worth and arrive at my booth bright-eyed and bushy tailed from the open to the close of the show and then some!

So, I called the shuttle hot line and gave whoever answered an ear full to make sure they knew things were not going as planned. Meanwhile, two shuttles came and went as we sat on our bus feeling a little helpless. Then my husband, the spiritual anchor of our family, began to sing "Oh Happy Day." I thought either he'd taken leave of his senses or he was singing because we'd watched Sister Act II the night before and he couldn’t get enough. But actually, while I was arguing my point to the dispatcher on my cell phone (as lawyers tend to do), Russel was consulting a higher power by breaking out into pure praise. Don't ask me how it works but it does. And the next thing I knew, a third bus came and, in the grand tradition of pure mutiny, we got off our bus and ran to the other one. Our saving grace. That bus passed every bus we'd seen go by without even seeming to rush and within 10 minutes we were at the show site and no worse for the wear.

Good thing we arrived when we did because, as in past years, Saturday proved to be the busiest day of the show. From the moment the show floor opened to credentialed industry visitors, traffic was heavy in the aisles on both floors. And the energy was really good. No cold shoulders this show.

My first book signing time in the Traditional Autographing Area at 2:00 PM arrived before I knew it. My husband escorted me to the green room like he was six figure Hollywood security and soon we were just behind the curtain waiting for the OK to take the proverbial stage. And as I pushed past the curtain I beamed with pride to see so many people waiting for a copy of Copyright Companion for Writers, one of two books released this year. And although there were many high points and wonderful connections, the pinnacle was meeting and signing a book for LaChanze, tony award-winning star of the original cast of The Color Purple.

Other high notes include connections with various industry professionals for speaking engagements and sales and the amazingly warm reception received from those familiar with my work, including one man who brought into the show his very own tattered copy of Literary Law Guide for Authors: Copyright, Trademark and Contracts in Plain Language for me to sign Saturday afternoon.

That evening, our return to the hotel was uneventful and dinner on the town was an added treat. Thank goodness for business deductions because NYC is not giving anything away! But a fine meal, good conversation and sufficient time to unwind are all priceless at BEA.

Sunday was slower but still extremely fruitful for us, despite the temperamental air conditioning. Many people returned to our booth for copies of our books or to discuss their literary law or speaking needs. Some of the best contacts were made with libraries, conference organizers and the American Bar Association.

So we are very excited about the rest of 2007 and beyond. The word is getting out and it’s all about momentum and all thanks to YOU. Help us to continue spreading the word by posting reviews at Amazon.com and sharing my information with your family and friends. If you missed us at BEA or just want more information or to order my titles, you can visit www.legalwritepublications.com.

To sum it all up, so glad we did BEA smarter and not harder this year. We worked hard and played hard (Broadway shows, fine dining and WBNA games!). And now it is time to turn in and prepare for what tomorrow brings. I suspect it’s all the happiness my heart can hold. In fact, I claim it and wish the same for you!

Write on,

Tonya

Mia Culpa ... Postcard post script

2007-06-04T21:07:00.000-04:00

Greetings from BEA!

Ok, so it's officially 12:49 AM EDT. My plan goal was to post my "Postcards from the Edge ... of BEA" blog on a daily basis. But for the anal folks on the list, technically I've fallen short. The sun's not up yet, thankfully but Saturday is officially over .... Wait, it's still Saturday on the west coast. So, I object to that first statement. Sustained. High paid lawyers can do that, you know. Well, then that settles it. I'm on time and have honored my commitment. That's my story and I'm sticking to it.

I have soooo much to tell you about Saturday, which is why I'm burning the midnight oil tonight. Unfortunately, I'll have to turn in now so I can be at my best for the BEA finale tomorrow. But check out my new pics for a hint about some of the amazing people I met today and be sure to check the the blog tomorrow night for the 4-1-1 about Saturday and what I am confident will be a fantastic end to a phenomenal show for Legal Write Publications. FYI, the day was busy, blessed, productive and filled with wonderful surprises. You never know what you'll learn and who you'll meet at BEA!

Until tomorrow ...ciao,

Tonya

Postcards from the Edge ... of BEA #3

2007-06-01T23:04:00.000-04:00

Greetings!

OMG! For those not up on their texting abbreviations, that translates into "Oh My God!" That's what my right foot just said to my left foot. My left foot screamed out something incoherent in reply, but I think the response included some salacious four letter words. Trust me when I say my usually pampered footsies are not pretty tonight. Why are my feet talking to each other, you ask? You obviously have never attended BookExpo before.

Imagine standing for 10-12 hours with, perhaps a couple of 15 minute breaks in between, in hard unforgiving shoes that aren't even cute, and walking a show floor that covers three long city blocks. Or how about standing in line for 40 minutes to get a $15 sandwich (make that 3 sandwiches from my hungry helpers) from a snaggle-toothed, self-proclaimed sandwich master who took almost as much time preparing the feast. Or how about standing in line to send a FedEx … and then standing in line (sense I theme here?) to get a fitness book signed by LL Cool J and take a picture … oh wait, that wasn't bad. That was the bright spot of my day. I think my feet didn't hurt a lick at that time because I temporarily floated above the hundreds of others in the line who mistakenly believed LL wanted to sign anyone else's book but mine. My, did he ever grow up well. But I digress.

So anyway, my feet are officially throbbing like Fred Flintstone's feet after a long shift at the quarry and a "drive" home in that crazy car with only foot power to propel it. Admittedly the car WAS eco-friendly but very bad on the arches and soles, you know.

And after the show floor lights were dimmed around 5:05 PM, we straightened up the booth, reviewed the plan for Saturday and headed for the hotel shuttle stop. Five routes headed to approximately 12 show hotels. This has been well run so many times in the past, we didn't give it a second thought until we saw lines on top of lines waiting for buses with no signage and no apparent urgency to get hundreds and hundreds of tired people with throbbing feet back to their hotels. To add insult to injury it began to drizzle. My mother, husband and I looked at each other and said nearly in unison – TAXI!

Of course anyone from NYC would have immediately laughed out loud. "Taxi? at 6:00 PM? Rush hour in Manhattan? In the rain. You're crazy! Tourists." But believing in the law of attraction as we do, all of that meant nothing to us. Despite the reality of others, we were going to "attract" a taxi at 37th and Eleventh Avenue no matter what. Well, maybe Tenth Avenue. No? Well, certainly on Ninth or Eighth. But no luck! Taxis drove past us like we had the plague. But off in the distance we saw Madison Square Garden and high-tailed it over to MSG in search of a taxi stand. We found one and walked and walked and walked to the end of the line for what would probably have been another 40-60 minute wait in line!!!! But then my husband spotted an entrance for … the subway. And here's where my Postcards get dangerously close to the edge. Anyone who knows me is now laughing out loud for sure. "Tonya? Public transportation. The end of the world is near indeed!"

But what choice did I have? Tired, aching from stem to stern, starving and truly testing my wash-n-wear hair, I accepted my fate and descended into the subway in search of a place to get my pass and a transit map to figure out how to get to 56th and 7th Avenue. In retrospect it seemed so close on the map; so close and yet so far.

Well, we made it. And my LL Cool J book didn't get a spot of rain on it. Neither did the orders we took at the show (see the order of my priorities??). And after an amazingly expensive and delicious seafood dinner and a little vino to quell the throbbing, I'm now in bed with my laptop, happy feet and a pile of show contacts with whom I should now follow up. Ain't gonna happen. But that was the plan at 5:30 PM before the post-show travel issue.

I was about to type "woes" or "fiasco" but that would cast and overstate the issue in a negative light. True, I'm not jumping up and down for joy over the planes, trains and automobile style return to my hotel after a long day. I won't be jumping for any reason any time soon. But honestly, between you and me, it really wasn't bad. At the end of the day, I'm grateful – grateful to be here in general and at BEA in particular, to have options, to have a healthy body able to get around at all, to be with family and to be in a city that makes it pretty easy to get around if you have a full city transit map and half a brain. Who knew???

This is all part of the price of success at BEA. "Leave it all on the floor," is our motto. And today was a success indeed – lots of traffic, positive interest and feedback. And a greater appreciation for the scenic route. There are many different ways to the same destination, you know. Today I learned to keep an open mind and patient spirit. And, of course, some thick athletic socks and sneakers just in case I need to get from Jacob Javits to darn near Central Park any time soon.

Write on,

Tonya

Postcards from the Edge ... of BEA #2

2007-06-01T23:02:00.000-04:00

Greetings,

Well BEA's official beginning is just hours away. The first day in particular is always something to see. Thousands of attendees (booksellers, librarians, industry professionals and those who just finagled passes to get free books!) anxiously staked out at the entrance of the main show floor like NY cab drivers idling on Broadway in Times Square. They must wait until the 9:00 AM "all clear" when they are finally allowed to enter the sanctuary known as the show floor. That is where we, the exhibitors wait. Hundreds of publishers and businesses providing a range of services to publishers stand bright-eyed and bushy tailed with a gleaming smile and a practiced and polished 30-second pitch to present their latest titles to the trade in the hopes of taking orders and/or bolstering sales.

By contrast many attendees will likely have their poker faces on, a sturdy tote hanging on their shoulders to store their countless FREE books (no bags with wheels allowed on the show floor), a stiff jaw and a list of preferred exhibitors to visit before their feet (or bag) give out. And the dance begins. Attendees search for their proverbial needles in the haystack of 52 trade show aisles and over 2,000 exhibitors. Exhibitors like me will smile and greet passersby in search of attendees who may be interested in our titles (most notably the booksellers and librarians donning blue badges). My company in particular will also reach out to exhibitors in the African American Pavilion and the Small Press area. If you're exhibiting in these areas, let me know!

This is our eighth year. And it's ALWAYS been worth the time, money, preparation, exhaustion and foot pain! But we're doing BEA smarter not harder these days. We mix business with extreme pleasure. For example, this week I certainly did my speaker thing, presenting two courses at PMA University. But I and my family are also taking the Big Apple by storm. We're actually taking in the sights the host city has to offer, eating fabulous meals, and getting our rest when needed (since we aren't getting any younger). Trust me when I say, this is unprecedented. I am a true room service queen who rarely leaves my hotel at these events. But NYC's ridiculous prices have driven even this certified 5-star groupie into the streets in search of food and fun without a 25% surcharge.
We saw The Color Purple last night and our seats were so fantabulous I could almost reach out and give Fantastia a high five for her simply stunning and captivating performance. And she was not alone. The entire cast, including Elisabeth Withers (Shug Avery), NaTasha Yvette Williams (Sofia), and the very handsome, very talented Chaz Lamar Shepherd (Harpo) (who used to play one of Kim's boyfriend's on The Parkers), were all simply stunning. Even the ensemble cast (including or especially the church ladies) left me breathless. After the play, we dined at Maison, a trendy 24/7 restaurant with outdoor seating, and did our part to prove NYC is in fact the city that never sleeps!

But since all play and not work makes Tonya a pauper, I did my lawyer thing too. Today, I had the great pleasure of participating on the "Protect Your Copyright" panel with my esteemed colleagues, publishing lawyers Jonathon Kirsch and Lloyd Rich. I covered copyright notice, publication, registration, the various ways you can own copyright and the documents involved in transferring or evidencing ownership. Early in the day we also we set up the booth and attended the African American Bookseller festivities, including a lovely luncheon hosted by Atria Books that included a riveting panel discussion by Atria authors Tananarive Due, Stephen Barnes and Blair Underwood (all co-authors of the new Casanegra), Zane (who just released a non-fiction how-to sex book!), Nathan McCall (who is following up his non-fiction with a fiction project), and Stacey Patton (author of a new memoir).

Tonight we stopped through the African American reception hosted by Ingram and I got a chance to chat with veteran literary agent Marie Brown, editor Malaika Adero, Amber Communications Group publisher Yvonne Rose, Clarence Reynolds from Black Issues Book Review, Troy Johnson from AALBC.com, Pat G'Orge Walker (of Sister Betty fame) and Tananarive Due before she was off to the next gig. The fam and I ate, drank, became merry and returned to the comfort of our temporary home (a/k/a the hotel). Getting a free lunch AND dinner in NYC... priceless.

Now, all of the preparation has come to this moment in time. And after the National Spelling Bee contest, the Cleveland/Detroit game and this blog post, I'll finish my "must visit" list, polish my presentation, use my last teeth whitening tray to tighten my gleam, and get ready to SELL THOSE BOOKS.

Stay tuned,

Tonya
Booth #3046 at BookExpo America 2007

Postcards from the Edge ... of BEA #1

2007-05-30T12:38:00.000-04:00

I hope this post finds you well and in great spirits!

I am reporting in from BookExpo America in New York City with great enthusiasm as we gear up for what promises to be a great show. For those unfamiliar with BookExpo America, it is the largest and most important trade show in the U.S. publishing industry. I will be speaking at the PMA University Conference, exhibiting during the trade show, and signing copies of all my Literary Entrepreneur Series titles in the Autographing Area and in our Booth #3046. The full details are noted at www.legalwritepublications.com and www.literarylawguide.com.

Yesterday I presented one of two courses during the Pre-BEA PMA University Conference. I was joined by the esteemed and accomplished publishing lawyer, Lloyd Jassin, to cover "The Players, The Process, The Deal" -- all about the industry professionals involved in rights sales and acquisitions and about the process itself.

The next presentation, titled "Protect Your Copyright," is on Thursday afternoon. I will be joined by two other nationally recognized and accomplished publishing lawyers, Jonathan Kirsch and Lloyd Rich. The combined wealth of experience is invaluable so if you're attending PMA U, be sure to get there early and get a seat!

Finally … a personal note of reflection and inspiration

It seems like 2007 is flying by at a dizzying pace, although May has, without a doubt, been the LONGEST month for me thus far -- and not always in a good way. Thankfully life has taught me that we have a choice everyday. We can face the morning with trepidation and doubt or with eager anticipation of the new opportunities and lessons the day may bring. I hope you'll join me in choosing the latter - today and always!

Write on,

Tonya

The Fine Print Freelance Writers Should Know!

2007-05-24T22:33:00.000-04:00

This is an excerpt from the "What Freelancers Need to Know" chapter in my forthcoming book Contracts Companion for Writers, which is set to be previewed at BookExpo America 2007 in New York (June 1-3) and released to the trade in July 2007. Pre-orders will be shipped upon arrival at our office.

So if you've already pre-ordered your copy you'll receive your order before it even hits the proverbial streets! If you haven't, what are you waiting for!? I encourage you to order now because we have already re-evaluated our print run to handle all of the pre-orders.

All of the contracts I discuss are presented in full in the Appendix and on a CD-ROM included in the book. And I include commentary on key clauses and negotiating points. This book just might put me out of business as a literary lawyer because now you'll know the secrets! But I believe in sharing the wealth and passing it forward. So act fast to reserve your copy and order today!

Here's a sneek peek at the Table of Contents:

Symbol Key
Preface
Chapter 1 Get it in Writing
Chapter 2 Contracts Basics
Chapter 3 When a Good Deal Goes Bad
Chapter 4 Transferring Your Rights & Getting Them Back
Chapter 5 What Freelancers Need to Know
Chapter 6 CYA: Media Perils Insurance
Chapter 7 The Players & The Process
Chapter 8 Collaboration Agreement
Chapter 9 Work-for-Hire Agreement
Chapter 10 Agency Agreement
Chapter 11 Publishing Agreement
Chapter 12 Songwriting & Publishing Agreements
Chapter 13 Licensing Agreement
Chapter 14 Permissions and Releases
Appendix A Resources
Appendix B Forms
Glossary
Index
About the Author

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright 2007 Tonya M. Evans-Walls, Esq. (info@legalwritepublications.com). Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, including author's copyright and contact information.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

DISCLAIMER: The author is not engaged in rendering legal or other professional services as a result of the information contained in this article, nor is this article meant to constitute legal or other professional advice. If legal or other professional assistance is required, the services of an attorney should be sought to discuss your individual needs since all legal issues are fact-specific.

Clauses to Consider for Freelancer Submissions

If you are presented with a typical publishing agreement for an individual contribution (article, essay or photograph for example) to a collective work like a magazine, anthology or newspaper, you will likely see the following clauses in the contract.

Introductory/Recitals Paragraph: The beginning paragraph in all contracts generally identifies the parties to the contract, their legal status (individual or company, for example) and their place of residence or principal place of business. This paragraph may also identify the date the contract becomes effective. This date can refer retroactively to a prior date.

Services: This clause describes the services or work product the freelancer will provide. For example, whether the freelancer is expected to submit only one submission, multiple submissions at the same time, or perhaps multiple submissions over a period of time. This paragraph should also state the genre or topic and the required form the submission should take, the preferred manner of submission (electronic via e-mail or on CD-ROM and/or hard copy) and word or page count, if applicable.

Rights: The rights paragraph sets forth the rights being granted or licensed to the publisher. If you do not intend to transfer copyright ownership in your work to the publisher the contract should clearly state that you are only licensing permission to the publisher to use your work in a certain way for a certain purpose and period of time, and that you reserve any and all rights not expressly mentioned. If, however, you do intend to grant copyright to the publisher, you should receive a fee that properly reflects such a substantial transfer of rights. Be aware that most publishers have their own legal departments to draft their "standard" agreement solely with the publisher's rights in mind. And that standard contract just might take the kitchen sink mentality and transfer every conceivable right to the publisher. So let the writers beware.

Payments: A paragraph in the contract should address how, when and how much you will get paid (if at all) and whether you'll have to return any payments if the deal goes south for any number of reasons. Remember when you get paid is as --if not more-- important as how much, particularly if you write articles for publications that pay small sums of money. You want to receive your money as quickly as possible so push for "on acceptance" rather than "on publication" because publication dates can be months after acceptance. At a minimum try to receive some portion of your payment on acceptance and the remainder on publication and log anticipated pay dates so you can keep track of the money that's due to you from various publishers. Keep in mind that freelancers are sometimes paid in copies of the publication in lieu of monetary payment.

Finally, particularly when solicited to submit to magazines try to get a "kill fee" provision in your contract if you have been asked to write an article or shoot a pictorial (as opposed to the situation where you submit something you've already written or created). A kill fee provides simply that you will be paid a certain amount of money if the publisher decides for whatever reason not to publish your work (ie: kill it) after the work has already been created and/or accepted. The amount of the kill fee can vary widely, but is generally quoted as a percentage (10%, 25%, 50% and so forth) of the total original payment.

BUY NOW: Contracts Companion for Writers (Literary Entrepreneur series) By Tonya Evans-WallsRelease date: By July 2007

Freelancers: Know Your (Serial) Rights!

2007-03-19T21:28:00.000-04:00

An excerpt from Copyright Companion for Writers, by Tonya M. Evans-Walls. Available at www.literarylawguide.com and your favorite bookstore.

DISCLAIMER: The author is not engaged in rendering legal or other professional services as a result of the information contained in this article, nor is this article meant to constitute legal or other professional advice. If legal or other professional assistance is required, the services of an attorney should be sought to discuss your individual needs since all legal issues are fact-specific.

When you transfer to a publisher the right to publish your work, you should spell out in writing exactly what rights the publisher has acquired. This doesn't need to be a formal document—a series of e-mails confirming the arrangement is certainly acceptable. But whatever the method of memorializing the deal, it should be clear whether the publisher is acquiring first serial rights, second serial rights (also known as reprint rights), all rights, or whether the publisher has commissioned you to create a work as a work made for hire to be used in a collective work. The following list will help you distinguish among these various rights.

First Serial Rights

The publisher acquires the right to publish your unpublished work before anyone else does. Consider limiting this transfer by indicating a particular territory (North America) and language (English). Note: In publishing contracts, the terms "North America" and "South America" have specific meaning that differs from what you learned in geography class. In the contracts, sometimes "North America" includes Canada and sometimes it doesn't, so be sure to confirm whether the publisher intends to include Canada.

Second serial Rights (aka reprint rights)

The publisher acquires the right to publish your work after the first serial publication.

Works Made for Hire

This means that the publisher—not you, the writer—owns the copyright. Try to avoid this if possible unless you receive adequate financial compensation. Parties to a work-made-for-hire situation must agree to such before you begin working (although it can be reduced to writing thereafter) or else these agreements are generally not valid because of the way copyright comes into existence (see chapters 2 and 5 of Copyright Companion for Writers for more information about copyright and work made for hire).

One-time rights

Sometimes a newspaper editor seeks one-time rights, meaning the right to publish your article once, regardless of whether that newspaper is first or second in line to publish.

Check out Copyright Companion for Writers by Tonya M. Evans-Walls

Coming soon ...

Contracts Companion for Writers by Tonya M. Evans-Walls (Spring 2007)
Pre-order today and SAVE! www.literarylawguide.com

Join TODAY me on the Internet Radio Show BOOK SQUAD with ...

2007-03-16T11:14:00.000-04:00

Greetings!

I am blogging today (admittedly at the eleventh hour ... LITERALLY) to invite you to "tune in" to the Internet Radio Show THE BOOK SQUAD. I will be discussing my experiences positive and not-so-positive with the wonderful hosts. A complete description of the show is noted below. Tune in at noon EDT on www.wmet1160.com
~~~~~~~~~
On today's Book Squad, we will be talking about self-publishing as a vehicle for authors to make their dreams come true.

John Harnish, Special Projects Director for Infinity Publishing, shares with us what he's learned in his fifty-year-plus of creating, writing, publishing, and marketing, with a focus on self-publishing and print-on-demand. His latest book, My Book's Published -- Now What? will be released later this month.

Tonya M. Evans-Walls, Esquire shows us how self-publishing has helped to maximize her client outreach efforts. Evans-Walls is a poet and an attorney practicing in areas such as literary law and intellectual property. Among her numerous publications are the self-published titles Copyright Companion for Writers, Literary Law Guide for Authors, and Contracts Companion for Writers.

Travis Hunter discusses how he went from a self-published author of The Hearts of Men in 2000 to being signed to Random House. Hunter's latest, Something to Die For, is available now in bookstores, along with his other titles.

Upper Marlboro, MD filmmaker Scott Rainey tells us the story of making Tracia Ward-Rainey's 1997 self-published book Painted Smiles into a movie.

Join us Friday, at noon on www.wmet1160.com.

Join me VIRTUALLY for Tele-Summit for Writers!

2007-01-18T08:56:00.000-05:00

Greetings!

I cordially invite you to attend the 2007 ANNUAL WRITER'S TELE-SUMMIT that begins on Feb. 12th during which I, and 7 other nationally acclaimed experts, will present on various topics of interest to writers. And best of all, there is No Travel Required!

I will be presenting "Legal Matters That Matter to Writers." If you participate in my session, you will learn:

* How copyright is created and protected
* All about fair use and public domain
* How to write about real people and events
* Why the poor man's copyright is a myth!
* The key contracts for self-published authors

Don't worry if you miss the live events because audio files and pdf transcripts are included. Use the link below for a complete listing of presenters and topics.

There are three tracks (writing, publishing, and marketing) and two ways to participate:

* Live phone access and downloads (MP3s & PDFs) - $77 by Jan 31, $127 after
* Live phone access, CDs, bound transcripts, and downloads - $127 by Jan 31, $177 after

Be sure to register by January 31st to save $50!

Click here for details and to register: http://www.naww.net/TE.htm

Sincerely,

Tonya M. Evans-Walls

Transferring Your Copyright, Getting it Back Part Two

2007-01-11T20:08:00.000-05:00

Better late than never I always say ...

So, I believe in hyping up a topic to generate interest but I really had NO intention of leaving you, my dearest subscribers, hanging for so long between blog posts. Especially because I received such positive feedback regarding Part One of this two part post. But alas, the holidays took their toll and I took a much-needed vacation from all things publishing. But now I'm back and better for it! And I am thrilled to announce the official release of my latest book, Copyright Companion for Writers.

So, enjoy this Part Two of Transferring Your Copyright & Getting It Back! (An excerpt from Copyright Companion for Writers by Tonya M. Evans-Walls, Esq. now available at www.LiteraryLawGuide.com, www.Amazon.com, and your local bookstore)

~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright 2007 Tonya M. Evans-Walls, Esq. (info@legalwritepublications.com). Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, including copyright and contact information.
~~~~~~~~~~~~~~~~~~~~~~~~~~~

Did you know that regardless of the terms of your transfer document (e.g., a publishing agreement or a license), you have the right to reclaim your copyright? Discussion about this little-known legal right for authors is just starting to emerge in the publishing industry. Publishers, for instance, may not want authors to know that the "life of copyright" term in most publishing agreements can be rendered null and void if a statutory termination is properly effected. But because different versions of the copyright law apply to different works, depending on when they were created, registered, and transferred, and depending on who transferred the rights, there are different rules for terminating transfers of those works to third parties. I will examine only those transfers made on or after January 1, 1978 (not pre-1978 transfers that have slightly different rules); but if you have a specific question regarding a potential transfer termination, please contact an intellectual property attorney who is well versed in literary law and transfer termination issues. This is tough stuff even for lawyers so err on the side of caution and consult with an expert to address your specific concerns.

Under the Copyright Act, a federal law granting creators certain rights in their creations, creators of creative works transferred (to a publisher, for example) on or after January 1, 1978, can terminate the transfer and get their copyright back by operation of law. This is true regardless of what the publishing agreement states. If the author is deceased, then his or her heirs generally have the right to do so. If two or more authors executed a grant of a joint work, a majority of the authors who executed it (or their heirs) may terminate it. This single, extremely valuable section of the Copyright Act, allowing for the reclaiming of rights by terminating transfers, clearly empowers authors. But it is rarely discussed and often misunderstood.

Note that the statutory termination provision does not apply to works made for hire or to transfers made by will. The termination right also does not apply to rights arising under foreign laws or derivative works. In the case of derivative works (for example, a movie based on a book), termination of the rights to the underlying work (the book) does not prevent the continued display and distribution of the derivative movie. Once the rights are terminated, however, no new derivative works can be created without permission of the author.

Not surprisingly, the rules to exercise the statutory termination right are specific and must be strictly adhered to or the right will be forever lost. In addition, the Copyright Office does not provide printed forms for the use of persons serving notices of termination and will not notify you when your right to terminate is about to expire.

So here's an oversimplification of how this termination right work.

First, termination can be effected only during a five-year window of opportunity. For works transferred on or after January 1, 1978, the window begins thirty-five years after the grant was made. Special rules apply if the right transferred is the right of publication. In that case, the window begins thirty-five years from the date of publication or at the end of forty years from the date the transfer was executed, whichever is earlier. Presumably this modification accounts for the gap in time between the date a publishing agreement is signed and the date the work is actually published.

Second, the original owner must deliver to the grantee a signed, written, advance termination notice, which includes the effective date of termination, not less than two years or more than ten years before the termination is to take effect. The notice must be signed by the original owner (or owners, as per the statute) or a duly authorized agent, who may be an attorney-in-fact under a power of attorney, or, if the original owner is deceased, an heir or beneficiary under a will. The notice must be recorded with the Copyright Office before the termination is to take place, and, of course, the underlying work must be registered with the Copyright Office.

Third, the Copyright Act states, "Termination of the grant may be effected notwithstanding any agreement to the contrary . . ." Therefore, you cannot "contract around" this right. In other words, you cannot waive these rights by contract. Your right to terminate exists until it is exercised or lost, pursuant to the terms of the statute.

Sound confusing? Maybe. But it is very important that all authors who sell rights in their work understand that they do have the ability to reclaim their copyright. For further discussion of this topic and examples to clarify how and when to exercise your reclamation right, check out Copyright Companion for Writers and Literary Law Guide for Authors!

And continue to Write and Shine!

Tonya Evans-Walls

Transferring your Copyright & Getting it Back, Part One

2006-12-10T21:41:00.000-05:00

(An excerpt from Copyright Companion for Writers by Tonya M. Evans-Walls, Esq. now available at www.LiteraryLawGuide.com, www.Amazon.com, and your local bookstore)

~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright 2006 Tonya M. Evans-Walls, Esq. (info@legalwritepublications.com). Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, including copyright and contact information.
~~~~~~~~~~~~~~~~~~~~~~~~~~~

A copyright owner generally has the exclusive right to copy, distribute, prepare derivative works, display the work publicly and perform the work publicly -- and the right to preclude others from doing so. These rights are collectively referred to as the owner's "bundle of rights." Any or all of the copyright owner's bundle of rights or any subdivision of those rights may be transferred to a third party. In other words, you may transfer one right in the bundle to one person or entity and another right or two or three to another person or entity. Therefore it is important to understand the different ways to legally transfer your rights to others.

Ways to Transfer your Copyright

Generally, there are three types of transfers: (1) a nonexclusive license, under which you remain the owner of your work, and the licensee can use your work but cannot exclude others from doing so; (2) an exclusive license, under which you remain the owner of your work but no one other than the licensee can use the work—not even you; and (3) an assignment, under which you give ownership of your work to the transferee. Further limits on transfer include the number of rights transferred, the term, and the geographical scope.

To be valid, the transfer of exclusive rights must be in a written agreement signed by the owner of the rights conveyed (or the owner's authorized agent). But nonexclusive transfer of a right does not require a written agreement. So for example, the transfer of the exclusive right of publication to a publisher or agent requires a signed agreement, but the transfer of the nonexclusive right to reproduce an excerpt of a literary work in a newsletter does not.

As a matter of course, however, you should get all agreements relating to your copyright interests in writing. Having a signed agreement memorializes the terms and reduces the likelihood of misunderstandings as to what was promised by each party.

A copyright may also be transferred by operation of law. For instance, copyright can be bequeathed by will or by state law if an individual dies without a will. Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property and the terms of contracts or conduct of business. For information about relevant state laws, consult an attorney in your area.

Copyright assignments can be filed, or recorded, in the Copyright Office as transfers of copyright ownership. Recording the assignment gives notice to the world that the copyright interest has been transferred. Although you are not required to record the transfer to make it valid, recording the assignment does provide certain legal advantages and may be required to validate the transfer against third parties. For instance, under certain conditions, recordation establishes the order of priority between conflicting transfers (that is, who received the transfer first), or between a conflicting transfer and a nonexclusive license. Recordation also establishes a public record of the transaction and provides "constructive notice," which is a legal term meaning that members of the public are deemed to have been notified even if they have not actually received notice of the transfer. To establish constructive notice, the recorded document must describe the work with specificity so that it could be identified by a reasonable search, and the work must be registered with the Copyright Office.

Reclaiming Your Rights

Did you know that regardless of the terms of your transfer document (e.g., a publishing agreement or a license), you have the right to reclaim your copyright? Discussion about this little-known legal right for authors is just starting to emerge in the publishing industry. Publishers, for instance, may not want authors to know that the "life of copyright" term in most publishing agreements can be rendered null and void if a statutory termination is properly effected. But because different versions of the copyright law apply to different works, depending on when they were created, registered, and transferred, and depending on who transferred the rights, there are different rules for terminating transfers of those works to third parties.

I will discuss how to reclaim your rights in the next blog so be sure to subscribe so you don't miss the next post!

~~~~~~~~~~~~~~

AVAILABLE NOW!
Copyright Companion for Writers (Literary Law Guide series)

by Tonya Evans-Walls

"This will save independent authors and publishers a lot of heartache—and a lot of money!"
—Independent Publisher Online

"Makes legalese amazingly easy to understand and uses examples from current news items to drive home important points."
—Bonnie Neubauer, author, Write-Brain Workbook

"An essential reference that no writer should be without."
—BookMarketingWorks.com

The Dreaded Fear of Negotiations: When Authors Sell at Any Price, They Often LOSE

2006-11-09T23:38:00.000-05:00

Copyright 2006 Tonya M. Evans-Walls, Esq. (info@legalwritepublications.com). Limited license to copy and distribute this post provided such copying and distributing is of the entire post, including copyright and contact information.

(An excerpt from Literary Law Guide for Authors by Tonya M. Evans-Walls, Esq. now available at www.LiteraryLawGuide.com, www.Amazon.com, and your local bookstore)

The Dreaded Fear of Negotiation

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.” Agents and publishers have their own attorneys, and so should you. Any reputable person in the industry understands that offers should be negotiated by competent professionals; it’s just business.

Why You Should Get it in Writing

It is critical to put the agreement between author and publisher in writing because the terms and conditions determine what rights are transferred, what compensation you and the publisher receive, when the rights revert back to you, and what state law governs the contract if a disagreement develops. You should never leave these issues to oral agreements or handshake deals. Always get it in writing and make sure the contract states clearly what each party agrees to do and what each will receive in return.

Now hear this, authors: You do a disservice to yourself, given your hard work and considerable talents, when you dot every “i” and cross every “t” in your manuscript but rush through a publishing agreement, often without the guidance of an experienced literary lawyer, and sign it without negotiating the terms from a position of knowledge and strength. Or worse yet, you fail to ensure that all material terms are negotiated favorably and stated clearly in a written agreement signed by you and the publisher.

In the days and weeks leading up to the signing of a publishing agreement, when the publisher has declared interest in your manuscript but you have not yet committed yourself in writing, you are in the strongest position from which to negotiate. And these negotiations are most important because your contract defines what rights you are transferring, what (if any) rights you keep, how your agent and publisher get paid, and how you get paid. Keep in mind that what you agree to today affects you and the other party or parties for years to come. Don’t you think that is worth taking seriously and slowly?

Consider this: although a certain author advance and royalty schedule may seem great now, how fair will it be when you are a best-selling author yet still earning pennies on each book sold while the publisher has long since recouped its investment and is still raking in the lion’s share of the profits? Or perhaps transferring all of your rights to a publisher may seem like a good idea now. But what if the publisher does not have any intention of using some of the rights or is actually in no better position than you to properly exploit them? Why transfer them in the first place? This is especially true since it may be more financially beneficial to divide the rights and sell them to a number of different buyers then to lump them together and sell to one buyer.

The point is that there is no such thing as a non-negotiable contract. Do not sign a contract with anyone who tells you there is. Everything is up for discussion (although whether you can secure more favorable terms will depend on your negotiating strength and that of your representative).

Compare this process to other areas of your life and ask yourself, “Would I just sign any paper given to me if I were buying a house or car, or making a long-term investment, or going into a long-term business relationship with someone I just met?” I venture to guess that your answer to these questions would be no, and that you would take care to read the document and consult with someone more knowledgeable than you to make sure the rights and responsibilities of both parties were set forth clearly and that you were getting not only what is fair but what is in your best interest, to the greatest extent possible.

The Name Game: Is It a Copyright, Trademark or Patent?

2006-10-15T16:46:00.000-04:00

(An excerpt from Copyright Companion for Writers, by Tonya M. Evans-Walls, Esq. now available at www.LiteraryLawGuide.com, www.Amazon.com, and your local bookstore)

Copyright 2006 Tonya M. Evans-Walls, Esq. (info@legalwritepublications.com). Limited license to copy and distribute this post provided such copying and distributing is of the entire post, including copyright and contact information.

No one word is more misused or more misunderstood by writers than the word "copyright." This single word creates such confusion and lends itself to so much misinformation because rumors, assumptions, and complicated changes in the law make it difficult for writers to separate fact from fiction. But because copyright consists of such a valuable bundle of rights, it is imperative that writers fully comprehend the nature of copyright and the process by which it is protected.

Writers are not the only ones confused by the word "copyright." More than a few business-savvy agents, publishers, and even attorneys, who are in the business of negotiating rights, have a woefully inadequate understanding of the nature of copyright. This is particularly troublesome because of the way the publishing industry is set up for traditional publishing through the major New York publishing houses. Agents and legal professionals are the gatekeepers between writers and publishers, providing writers with access to the editorial decision-makers and providing publishers with a steady stream of available literary properties. Thus, writers often—and unquestioningly—trust these industry professionals to protect their interests.

But the explanation that "it's always done this way" is simply not good enough when valuable rights are at stake. And although you may very well not understand all of the legal intricacies of copyright, for you to successfully protect your copyrights and to enjoy potentially lucrative financial benefits from successful negotiations to license and sell your rights, you must first understand how copyright is created and protected.

Simply put, what you don't know about intellectual property ownership can jeopardize your rights and potentially expose you to legal liability. So let's take a closer look at the differences between the various types of intellectual property.

Copyright: A copyright protects an author's original artistic or literary work, whether published or unpublished. Under copyright law, the term "author" has a special meaning: the creator of an original literary or artistic work. Thus, the word "author" applies not only to writers but to photographers, singers, painters, sculptors—anyone who creates a literary or artistic work. Examples of literary and artistic works include manuscripts, book covers, song lyrics, sheet music, musical scores, paintings, sketches, sound recordings (music), films, and photographs. And those lists are not all-inclusive.

Trademark: A trademark protects a word, phrase, symbol, or device—the mark—used in business (referred to in the law as commerce) to identify and distinguish one product from another. For example, Jump at the Sun® is a registered trademark for children's fiction and nonfiction books about history, sports, the arts, spirituality, musicians, biography, friendship, family, poetry, and school.

Service Mark: A service mark protects a word, phrase, symbol, or device—again, the mark—used in business to identify and distinguish one service from another. For example, Lightning Source® is a registered service mark for wholesale distributorship services in the field of on-demand printing and electronic media.

Patent: The patent is probably the least used intellectual property in the publishing industry. A patent protects an invention by granting the inventor the right to exclude others from producing or using the inventor's discovery or invention for a specific period of time. Some examples of patentable inventions include the talking book, an e-book reader, a typewriter, and an Internet-based system and method for highlighting search results such as that used by Google. Not all intellectual property lawyers practice patent law because a patent practice requires that attorneys have a science degree and take an additional bar examination; patent attorneys usually have some background in technology or engineering.

Post your comment or question or use our new Lit Law Q&A Line: (214) 615-6505 ext 2232*

*No charge to call (regular long distance chages may apply)

Press Release: DIY Convention Literary Festival Gives Nod to Literary Law Guide

2006-10-15T16:12:00.000-04:00

Tonya M. Evans-Walls
Legal Write Publications
E-mail: info@legalwritepublications.com
Web site: http://www.legalwritepublications.com/ and http://www.literarylawguide.com/

FOR IMMEDIATE RELEASE OCTOBER 10, 2006

PHILLY LAWYER WINS ACCOLADES
FOR BOOK THAT IMPROVES LIVES OF WRITERS
AND INCREASES VALUE OF THEIR WORK

On October 10, 2006, the "Do It Yourself" ("DIY") Convention Book Festival Awards announced the 2006 winners of its distinguished book awards. Tonya Evans-Walls' title, Literary Law Guide for Authors: Copyright, Trademark and Contracts in Plain Language, was selected as a runner-up in the non-fiction category for its valuable contribution to improving the professional lives of writers who view their writing not only as a passion, but a potential career.

Literary Law Guide for Authors has been touted as an indispensable tool for writers who want to understand both the legal issues involved in the business of writing and also how to protect and add value to their work. In fact, publishing guru Dan Poynter says: "you cannot be a successful author and publisher without effectively traversing the law as it relates to the publishing industry. The Literary Law Guide is your indispensable road map."

Evans-Walls, is the managing attorney of a Philadelphia-based law firm that concentrates in the areas of entertainment law (literary, music and film), intellectual property (copyright and trademark), estate planning, and municipal finance. She is also an adjunct professor and internationally recognized speaker, author and performance poet. Evans-Walls now lives in Philadelphia with her husband, O. Russel Walls, III, Esq., and is a member of Alpha Kappa Alpha Sorority, Inc.

For more information and for free legal resources for writers, visit her award winning website at http://www.LiteraryLawGuide.com, selected by Writer’s Digest as one of the top 101 websites in 2006.

Poor Man's Copyright Rears Ugly Head at Ininfity Conference

2006-10-01T20:12:00.000-04:00

Copyright 2006 Tonya M. Evans-Walls. All rights reserved.
www.literarylawguide.com

Dear Friends,

I just returned from the Seventh Annual Infinity Publishing "Express Yourself" Writer's Conference in Valley Forge, PA. I presented two workshops on literary law, one titled "Can I Do That?", and another titled "Legal Matters that Matter to Writers." The conference and workshops were extremely well attended and received and I highly recommend this conference to writers who seek to develop their craft and to learn about the business of writing and publishing from the experts. I was invited to do the same thing in San Diego in January during my national book tour, so be sure to visit the Events Page of my website at www.literarylawguide.com for the details.

Some of the most prominent people in independent publishing presented workshops this year and have done so for years. The likes of Dan Poynter (guru of self-publishing), John Kremer (affordable marketing), Brian Jud (special market sales), Bonnie Neubauer (creative writing), Penny Sansevieri (marketing), and Jennifer Thompson (web design), just to name a few. I encourage you to visit each of their websites often. Each person provides a wealth of invaluable information about how not only to survive the publishing biz, but to thrive and succeed beyond your wildest dreams! They are my publishing mentors and have all helped me in their own way to propel my career to higher heights.

Well, that is the good part of the story. The rest is somewhat of a rant about my nemesis; it reared its ugly head at this conference, proving my work is never done. And who is this nemesis you ask? It's not a person but a belief -- an erroneous belief that threatens to diminish or even harm the valuable copyrights owned by everyone who believes in it. It is the dreaded Poor Man's Copyright myth.

I hesistate to even use initial caps for the words. Seems like I give too much power to this all too pervasive myth. But I must admit it is indeed powerful because so many people believe it is the end-all be-all of copyright protection and far better (or at least just as good) as registering one's work with the Copyright Office. Well it isn't. I say this at every workshop and in every class. And I will continue to do so until I take my last breath. And here's why the mail myth is just that -- a myth!

(excerpt from Copyright Companion for Writers, by Tonya Evans-Walls)

I am sure you have heard of it. Virtually every writer has. And maybe you are among the considerable number of writers and industry professionals who not only believe the Poor Man's Copyright myth but also repeat it as if it were the law. This is the most pervasive and destructive myth in the publishing industry. The Poor Man's Copyright, also known as the Mail Myth, is the mistaken belief that a copyright is created or somehow protected when you send a copy of the work to yourself in the mail. If you learn nothing else from this book, you must learn this: the mail-yourself-the-manuscript-and-then-you'll-be-protected belief is a myth. It is simply not true, and I do not want anyone who reads these words to perpetuate this myth for one more moment. Rest assured, the only thing you will prove when you mail your work to yourself is that the post office is still in the business of delivering mail.

The Mail Myth evolved in the days before the 1989 amendment to the Copyright Act. Under prior copyright law (see chapter 1 for a brief history of copyright law), authors were required to include a copyright symbol on their work in order to create a copyright. Many rights were lost under the old law because of the strict requirement of the copyright symbol and other formalities. Writers believed that the only way to prove that the work existed on a particular date was to mail a copy to themselves. But these days this is neither necessary nor helpful when it comes to actually registering your work. This statement is confirmed by the Copyright Office and can be reviewed at the FAQ (frequently asked questions) page of the Copyright Office Web site, www.copyright.gov.

Simply put, the action of mailing a copy of your manuscript to yourself does not offer any additional protection beyond that which already exists once your idea is fixed and thus your work is created. Additionally, it does not constitute a registration of your copyright. A question I've been asked repeatedly over the years in response to my attempts to dispel the Mail Myth is this: "But doesn't the postmark prove that my work existed on a certain date? Couldn't this postmark be my 'smoking gun' to prove I am the owner of the work contained in the unopened envelope?" Even if a postmarked manuscript has some evidentiary value, the Copyright Act requires you to register your copyright before you have the right to file an infringement suit. Simply put, there's no way to present your "smoking gun" without first securing your copyright registration.

But registration is easy (no need for a lawyer) and inexpensive (only $45 as of this writing)—a small price to pay to preserve valuable rights (think of it as the cheapest insurance policy you'll ever qualify for). So use the same stamps you would have used to mail your work to yourself and mail a copyright form, fee, and sample to the Copyright Office instead.

I encourage you to share this information with your friends and colleagues and feel free to post it on your own blog or in your newsletters. I just ask that you re-print the information in its entirety, including the byline below. Help me to help authors know the truth about their rights and how best to protect them. In the next post, I'll discuss why registration is so important. For now, I must rest. I know tomorrow I will have to face my nemesis again. And I will need all of my energy to continue to fight the good fight!

Tonya M. Evans-Walls, Esq., intellectual property and literary attorney, and author of Copyright Companion for Writers and Literary Law Guide for Authors.

Plagiarism or Infringement?

2006-09-03T22:59:00.000-04:00

Copyright 2006 Tonya M. Evans-Walls, Esquire. All rights reserved.
Individuals may copy this post for noncommercial use without permission; provided that this post is used in its entirety and carries this copyright notice and the following link back to this blog: litlawblog.blogspot.com. All other uses will be considered unauthorized and infringing and prosecuted to the fullest extent of the law.

By posting a comment to this blog, you grant to Tonya M. Evans-Walls and Legal Write Publications an irrevocable non-exclusive license to display, reproduce and distribute such post throughout the universe. All bloggers should contact the individual blogger to republish his or her post before copying any comments at this blog.

Dictionary.com defines plagiarism as a piece of writing that has been copied from someone else and is presented as being your own work, or taking someones words or ideas as if they were your own. Were all familiar with the concept from high school or college. A paper or project is due at 9:00 a.m. on Monday; but at 9:00 p.m. the night before, the student has barely typed the first word. Panic sets in and, perhaps, situational ethics takes hold. Whether overwhelmed, imprecise, or just plain lazy, the student takes a bit from here and a bit from there, and soon a finished product appearsone whose words or thoughts are not 100 percent originaland the student presents it as his or her own work. Thats plagiarism.

But plagiarism is not just for pimple-faced students anymore. Its gone high tech now. I am sure countless high-powered execs and law partners have presented the words of someone else as their own. And lets not forget the many scandals involving journalists, which seems to me even more onerous since, at least in theory, a journalists entire profession rests on intellectual honesty in writing and reporting about our world. There was the infamous New York Times scandal involving the writer Jason Blair; other problems at that paper involving Charlie LeDuff and Bernard Weinraub; Jack Kelley, who resigned from USA Today the list goes on and on.

And its never been easier to find and copy information on any topic because its available online 24 hours a day, 7 days a week, 365 days a year. It has also never been easier to hide intellectual theft. The Internet has provided access to innumerable bits of information that can be cut and pasted into a word document and claimed as ones own. And the vast breadth of this information can make it pretty difficult to ferret out the dreaded plagiarizers.

Plagiarism is a white-hot industry too, especially for those who promote and sell information to those who are willing to pay top dollar to avoid having to do the work themselves. A simple Internet search yielded more than 418,000,000yes, 418,000,000 hits for term papers available online. Thankfully, a war on plagiarism has been waged by organizations like Plagiarism.org and sites like Turnitin.com, which compares text against millions of documents available on the Internet and against a database of some fifteen million other documents to counteract instances of this plague on education.

Of course, plagiarism plagues the book-publishing industry too. In June 2006, I released a podcast about one such ugly incident: KaavyaGate. Kaavya Viswanathan, who was an undergraduate enrolled in Harvard at the time, signed a big-time six-figure publishing deal with Little, Brown and Company for her book How Opal Mehta Got Kissed, Got Wild, and Got a Life. Little, Brown published the book in April 2006, and soon pulled it from the shelves amid a plagiarism scandal uncovered by Harvards school paper, the Harvard Crimson.

Initial reports found that passages in Viswanathans book bore a striking resemblance to various passages in two books written by Megan McCafferty. In fact, the paper reported that one fourteen-word passage from McCaffertys book Sloppy Firsts appeared word-for-word in Viswanathans book. The paper detailed other passages that were almost exactly the same in the two authors works and posted the information on its Web site.

As if that werent enough, the New York Times conducted its own investigation and uncovered yet a third instance of plagiarism with several instances of character descriptions, concepts, and plot lines that were almost the same in Viswanathans book and in Can You Keep a Secret? by Sophie Kinsella, instances that were too similar to be coincidental. And an investigation by the Boston Globe discovered that Viswanathans book showed even more instances of plagiarism from Meg Cabots book The Princess Diaries.

What was Viswanathans explanation? Well, in the case of McCaffertys work, Viswanathan called it internalizing McCaffertys voice. But nearly everyone else, including the publisher, called it plagiarism; and I suspect the publisher wants its $500K advance back. DreamWorks, which had optioned the film rights to the book, dropped the project as well.
This likely will be a hardand expensivelesson learned for what appears to be one of the most egregious instances of plagiarism weve seen recentlyJason Blair notwithstanding. Expensive not just in terms of money but also in reputation, honor, and pride. I think intellectual integrity is important. Words have power and should be used properly to communicate, to empower, and to inform, not to get over and make a buck.

Now, some people are confused about the difference between plagiarism and copyright infringement. Think of it this way: All plagiarism is infringement, but not all infringement is plagiarism. The reason is that copyright owners hold a bundle of rights. Copyright owners have the right to copy, distribute, make derivative works from, perform, and display their work; and to allow or prevent others from doing so regardless of whether proper attribution is given. And, contrary to popular belief, there is no set number of words that can be used without permission. So if you are using someone elses copyrighted work in your own, and no fair use exception applies, you should seek permissionnot just properly attribute the work to the owner. Attribution is a good start, but by itself its not enough to avoid infringement.

So someone can actually copy anothers work, say Ive copied this from Patsi Pen, and still be liable for copyright infringementagain, depending on the fair use analysis and assuming the work is not in the public domain. But plagiarizers dont even bother to properly attribute the borrowed text. They simply claim that all ideas and thoughts as expressed on the page (or computer screen) are original. Even if the plagiarizers do not actually state that they are expressing original ideas in a literary work, the lack of such statements does not remove the taint of plagiarism.

For more information about copyright or literary law, visit www.LiteraryLawGuide.com.

And continue to write and shine!

Tonya Evans-Walls, TME Law

10 Things Savvy Writers Can Do to Maximize Profits (Part 2 of 2)

2006-07-24T11:11:00.000-04:00

Individuals may copy this post for noncommercial use without permission; provided that this post is used in its entirety and carries this copyright notice and the following link back to this blog: litlawblog.blogspot.com. All other uses will be considered unauthorized and infringing and prosecuted to the fullest extent of the law.

By posting a comment to this blog, you grant to Tonya M. Evans-Walls and Legal Write Publications an irrevocable non-exclusive license to display, reproduce and distribute such post throughout the universe. All bloggers should contact the individual blogger to republish his or her post before copying any comments at this blog.

Greetings!

I am posting today from the amazing central coast of California, home of some amazing wines, including Pinot Noirs (think Sideways). I plan to do extensive research and will let you know of my findings (after a long nap). In fact, I have a separate Web site devoted to wine appreciation set to be launched next week: www.JoyofTheTable.com. Stop by and take a sneek peak!

This part is the second in a two-part post titled 10 Things Savvy Writers Can do to Maximize Profits. I encourage you to incorporate any or all of these into your plans to master your craft, add value to the lives of your customers, and increase your profits too! Maybe we can have it all.

6. Invest in your project. If you intend to catapult your writing career to the next level, then forget about pinching pennies. Now, you should always look for the best price so I encourage you to get several price quotes for all services related to the production and promotion of your book. But don't try to save money, for instance, by having your cousin who received an A in high school english proof your manuscript. Or worse yet, do it yourself! In 99% percent of the cases, you get what you pay for (or don't).

7. Add value to your book. Be sure to create a compelling reason for people to buy your book because your title is competing for consumer attention and shelf space with the more than 195,000 books that are published each year. What makes yours special? Why should people read your book rather than watch TV, surf the Net, listen to music or partake of the infinite number of entertainment outlets available today? Make sure you know the answer to that question before your book hits the shelves.

8. Begin with the end in mind. Assess the overall reason for you to publish your work and the ultimate goal. Is it for historical legacy purposes requiring only a small number of books (less than 500); to have a calling card for your business (helping you to "expertise" yourself in your chosen profession); for fame or money (if so, find something else to do!)? Understanding your motives and expecations on the front end will help you to formulate a viable plan of action to increase your likelihood of success down the road.

9. Know your competition. You should know about the other books likely to compete with your book and be able to point to areas of differentiation between yours and the competition. You should also know the pricing for similar books in your genre and/or format; (i.e. Don't price your 120-page paperback at $29.95 if every other book like yours is $12.95.)

10. It's about who you know-- Networking is key. Take a "Survivor" or "Big Brother" approach to networking - study the successful and form key alliances to ensure your success. Identify people in the industry doing what you want to do, study their paths to success, apply what might work in your situation, and ditch the rest. And when you meet someone special or when someone takes the time to help you, always follow up with a handwritten thank you note. Now I know this is a radical idea in this day and age of electronic overload and junk mail piled to the ceiling. But imagine how refreshing it would be to receive mail from someone (a real person whom you've met) who does not want anything in return and who actually took the time to write a note. Priceless. Memorable. Something to set you apart from the masses.

QUESTION OF THE WEEK: Can I refer to real people and events in my fictional story set in the 30s - 50s? (Historical Fiction)

Historical fiction is a popular writing genre that generally incorporates fictional and historical characters in a specific, well-researched historical period and setting. The heart of good historical fiction rests in the soundness of the research and authenticity of the historical references. But historical fiction should include a well-written disclaimer stating that the work is one of fiction so readers will know that the plot was developed or history altered with the purposeful literary freedom of historical fiction—poetic license—and is not the result of inadvertent inattention or worse.

Well, I hope these suggestions are helpful. If you have other suggestions or want to submit a question, please post a comment or send an email to info@legalwritepublications.com. Now, I really must go. I think I hear the clinking of Riedel wine glasses and, after all, it is happy hour somewhere in the world.

Cheers,

Tonya Evans-Walls

10 Things Savvy Writers Can Do to Maximize Profits (Part 1 of 2)

2006-07-23T19:46:00.000-04:00

Get the word out well in advance of your book's release. Start promoting your title at least 6-8 months before the release date. Why? Because many reviewers have a long lead time and need your information well in advance of release so that the review of your work pre-dates your release. For instance, I generally have cover art and press releases 9-12 months before I have a completed manuscript and start advertising at that time.
Be your book's biggest cheerleader. Don't expect your family, friends or publisher to adequately promote your title. Of course, your family and friends will support you but promoting your work is your responsibility. And despite popular opinion, publishers generally do not devote large amounts of money or time to promote your book. Publishers invest in the book's production and distribution, and will notify the trade, but -- again -- promotions are your responsibility. And if you don't do it, then it won't get done -- not effectively, anyway, in most cases. In fact when books are not selling, booksellers, wholesalers and the like return them (usually after about 3 months on the shelves!) Give your book some shelf life and a fighting chance. Promote early, often and shamelessly.
Research your target market carefully. This may be a surprise to you but not everyone in the world will want your book. So you need to do some research to figure out your target market. Are they adults, young adult, teen, children? Women and/or men? A specific socioeconomic status or educational achievement? A particular segment of the population like writers, or students, African-Americans, or the self-employed? You get the picture. Know to whom you intend to sell and then identify where they go, what they read, and their likes and dislikes in order to target your message through the appropriate channels (kind of like a stalker, but with much more honorable intentions!). It does no good to devote a lot of time and money to create and maintain a blog, for instance, if your target market doesn't regularly use computers. And it doesn't make sense to advertise in a magazine that does not reach your target market, even if it is a popular magazine with a wide circulation.
Think outside the box and use non-traditional marketing methods. Do not underestimate the power of non-traditional sales. If you own your rights, consider selling directly to book clubs, gift shops, doctor's offices, local grocery stores, restaurants, schools, organizations, businesses etc. Even if you cannot sell directly to these entities because a publisher controls your distribution, you can certainly market to them. Again, know where your target market goes and try selling to these markets, which exist outside the normal trade channels in the publishing industry. And if you control your rights, you'll keep more of the profits and avoid costly returns by selling on a non-returnable basis.
Use every opportunity to promote and sell your book (never leave home without them!) Be on the look out for captive audiences (hair salons, airports, waiting lines etc.), and seize unexpected opportunities to chat up your book. And while giving your 30 second pitch, be sure to have the book close at hand (always have a case in your trunk!!) in case that captive audience turns into a potential sale. Develop a thick skin and get comfortable with a certain degree of rejection because, as I noted above, not everyone is going to love your book. Also, be PLEASANTLY persistent but NOT a pain in the you know where. Word of mouth works both ways and someone who has a bad experience with you is ten times more likely to tell others than someone who has a positive experience.

Next week, I'll post part two of this post to discuss the final 5 things on the ever-evolving list savvy writers do to maximize their profits. Until then, tell a friend about this blog and my podcast, Lit Law for Writers on the GO!, available from iTunes and also at www.LiteraryLawGuide.com. You can listen directly from your computer or subscribe and instantly receive the latest cast sent directly to your MP3 player. And please visit Podcast Alley and vote for my podcast if you enjoy it!

Continue to write and SHINE!

Q&A: “Can I use a character from another book in my own?”

2006-06-13T21:53:00.000-04:00

Individuals may copy this post for noncommercial use without permission; provided that this post is used in its entirety and carries this copyright notice and the following link back to this blog: litlawblog.blogspot.com. All other uses will be considered unauthorized and infringing and prosecuted to the fullest extent of the law.

By posting a comment to this blog, you grant to Tonya M. Evans-Walls and Legal Write Publications an irrevocable non-exclusive license to display, reproduce and distribute such post throughout the universe. All bloggers should contact the invidiual blogger to republish his or her post before copying any comments at this blog.

I received an interesting question in January that I've recently revised, the answer of which will be likely being helpful to other writers. So I've paraphrased the question in the title bar. The original question asked if those other characters are protected by copyright or in some other way protected that would prevent the writer from referring to those characters. Below is my response. Visit www.LiteraryLawGuide.com for various resources for writers that cover a range of topics that may answer questions you have about copyright, trademark or other literary law issues.

ANSWER:

There are actually a couple of intellectual property laws that you should be aware of for this issue; copyright and trademark.

Copyright protects original and creative artistic and literary works. Copyright allows the owner to 1) copy 2) distribute copies 3) make derivative works (turn a book into a screenplay, for example) 4) perform the work publicly and 5) display the work publicly. So copyright is actually a bundle of rights. One cannot, however, copy the name of a commonplace, peripheral character in a book or title of a book. However, courts have consistently extended copyright protection to fictional characters that have sufficient original and creative characteristics as to be a distinctive character (meaning not merely a drawing, but a character with a name, features, and speech or other means of communication). Successful court battles to protect copyrighted characters include characters like Batman, Mickey Mouse, Superman and Betty Boop. This is not to be confused with a drawing of a character, that doesn't have any other features other than a graphic representation. In that case, the drawing could certainly be copyrighted as visual art with Copyright Form-VA.

A second law that may apply and protect a character is trademark law. Trademark law grants the owner the exclusive right to use a word, phrase, logo, design, sound etc. in connection with the sale of goods or services. For example, NBC uses its distinctive chime as a sound mark to promote its services as does MGM for the lion’s roar. McDonalds uses the golden arches to promote and sell their brand of fast food as does Burger King’s slogan, “Have it your way.” But it’s not just protecting a tag line, per se, but the way a particular company uses it to sell its goods or services. One main purpose of trademark law is to avoid consumer confusion about who is the actual seller of a product or service. For this reason, a fast food company named McDowells could not also use a “golden M” that is in any way similar to McDonald’s use. I say all of that to say, that copyright does not protect the characters, but trademark may (Harry Potter is trademarked, for example). BUT there is certainly an exception for literary and artistic purposes in writing or else these rules would stifle creativity as long as it is clear that the owner of a particular trademark is not the source of the book and has not endorsed it in anyway. So you could certainly refer to real people as well as characters and use your own literary interpretation to develop different scenarios for that character. Of course, the safest way to proceed is to use the same names and give them different character traits and a different story line.I discuss this in greater detail in Literary Law Guide for Authors: Copyright, Trademark and Contracts in Plain Language, available at the website, Amazon.com or your local book seller.Click here to listen to previous casts or subscribe.

Write on!

Tonya M. Evans-Walls