D for Derivative Works

According to the United States Copyright Act (17 U.S.C. Section 101) a “derivative work”is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work.” In English: a derivative work is something which builds upon, continues or expands upon unique and characteristic elements of a pre-existing

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C is for Contract

A contract is a legally-binding written agreement between two or more parties. Defining and explaining what makes a contract valid and/or enforceable can (and does) fill multiple books. For today’s A-to-Z, let’s take a look at some facts about publishing contracts many authors might not know: 1. Publishing contracts must be in writing. Special laws called “Statute(s) of Frauds” specify that certain kinds of contracts must be in writing to be enforceable. One such type is a contract which “by its terms” cannot be fulfilled or completed within one year. Even setting aside the (glacial) pace at which publishing moves,

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B is for Backlist

Backlist, in publishing, refers to an author’s older titles still in print – as opposed to the author’s new or newest release. Authors and others sometimes use the term “backlist” to refer to titles no publisher continues to publish, or to works which have gone out of print and which the author (or a different publisher) chooses to bring back and offer in digital format. Technically, this is only correct for titles in print at the time the description is used – whether by the original publisher, a secondary publisher, or through the author’s own e-publishing efforts. Once a work

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A is for Agency (or Agent, if you please)

Welcome to the Spann of Time edition of the April A-to-Z blogging challenge! For the next 26 blogging days (excluding Sundays) we’ll be taking an alphabetical journey through publishing law! Agency is a legal term which describes a special relationship between two people. One, the agent, has a legal and fiduciary duty to act on behalf and in the best interests of the other (usually referred to as the “principal”). Authors seeking traditional publication generally seek and employ a literary agent. Literary agents represent the author and/or a specific work (my agent represents me as an author, not just my

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