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Disclaimer: Neither Legal Write Publications nor the author is
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Forms
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Literary
Agency Agreement |
$14.95 |
An agency agreement is a document that details the rules which will
govern your relationship with a literary agency as long as the
agreement is in force. |
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Collaboration
Agreement |
$14.95 |
Although the writers life is often solitary, sometimes two or
more people decide to contribute to one work. This situation can be a
blessing or a curse, depending on how you set up your professional
relationship with your collaborators. If you intend to work with
someone else to create a joint work, you should consider entering
into a collaboration agreement.
A collaboration agreement is used when two or more people contribute
to a book; the contributors may be, for example, two authors or an
author and an illustrator. The collaboration agreement sets forth the
understanding between the parties regarding the nature of the work,
their business relationship, what they will each contribute, what
percentage of revenue for the book each will receive, and so forth. |
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Licensing
Agreement |
$14.95 |
A licensing agreement sets forth terms that permit others the limited
right to use your work. In contrast to an assignment (such as that in
a publishing contract) where you, as the copyright owner, actually
transfer the copyright to a new owner (the publisher), in a license
you retain the copyright but give permission to the licensee to use
the work in a certain way, for a certain time, and in a specified area. |
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Permission
Request |
$9.99 |
A permission request is basically a short-form license agreement that
lists the property to be used, the purpose for the use, and so forth.
It notes the publication information and credit information. Keep in
mind that many large companies have a preferred method of requesting
permission to use a copyrighted work. So you should contact the
publisher or owner, if possible, before submitting a permission
request. Also, keep in mind that others are not nearly as interested
in your deadlines as you are. So begin the process of clearing
permissions as soon as possible. It generally takes most publishing
companies four to eight weeks to reply to a permission request. |
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Book
Publishing Agreement |
$14.95 |
In simple terms, a publishing agreement (also referred to as a book
deal or contract) is a legal arrangement between an author and
publisher. In a traditional publishing arrangement, the author agrees
to transfer to the publisher certain rights in the bundle of rights
associated with her copyrighted manuscript, and the publisher agrees,
in turn, to pay for the costs to publish the manuscript. In exchange,
both parties receive some financial gain (the publisher reaping the
lions share, of course). By agreeing to pay for all costs of
publishing (in the best-case scenario), in effect the publisher
becomes an investor in the authors manuscript. The publisher is
entitled to recoup the initial investment and to take a sizeable
percentage of the income generated by sales and licensing of the
work. The author often receives an advance against royalties
(explained below) and a percentage of royalties and subsidiary rights income.
NOTE: This does not apply to a "vanity" press or
"print-on-demand" publishing arrangement. |
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Release
Form |
$9.99 |
Nonfiction writers write about real life and real experiences.
Whether they are writing memoir, biography, or news reports,
nonfiction writers tell a storya real story. So there are
certain legal issues that nonfiction writers in particular should be
aware of before, during, and after the writing process.
What differentiates fiction from nonfiction is that fiction is not
real; it is made up; it comes from the writers imagination.
Nonfiction, on the other hand, is factual or at least represents the
authors opinions based on facts. Nonfiction consists of many
genres, such as history, philosophy, biography, and memoir. And in
many forms of nonfiction writing, the writer interviews subjects or
writes about real people and experiences. And photographers
photograph subjects whose pictures may be used in a book. In these
cases, writers should secure release forms from all relevant parties
to avoid rights of privacy and publicity claims, as well as possible
trademark infringement, defamation, or other similar causes of action. |
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Work
for Hire Agreement with Assignment Clause |
$14.95 |
An exclusive copyright generally exists in a work as soon as it is
created in a fixed and tangible form. The creator of the work owns
and controls the bundle of rights associated with copyright. An
exception to that rule is the work-made-for-hire doctrine, in which
the creator is not the owner for purposes of copyright protection.
The Copyright Act provides strict guidelines that determine whether a
work-made-for-hire situation exists.
Work made for hire can occur in two contexts: that involving
employers and employees and that involving independent contractors.
In the first, work made for hire is done by employees within the
scope of their employment. In the second, an independent contractor
is specially commissioned to perform work for one of certain specific purposes. |
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Copublishing
Agreement |
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Savvy songwriters will negotiate to receive some part of the
publishers share of income. This is referred to as a
participation deal (see the Co-Publishing Deal in
Appendix B). In the case of participation deals, the songwriter
receives not only the writers entire share but receives a
portion of the publishers share as well. This is a very
important opportunity that is negotiated depending on the strength of
the writers negotiating position.
When a writer participates in the publishers share of
royalties, the writer generally enters into both a songwriters
agreement to set forth the terms and conditions under which he
receives his writers share of revenues and a co-publishing
agreement to set forth the terms and conditions under which the
writer participates in the publishers share of revenue. |
Only available in Contracts
Companion
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Exclusive
Songwriter Agreement |
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Songwriting and publishing agreements involve the transfer of rights
in a musical composition (the actual music and lyrics) to a music
publisher to exploit the song on a greater scale than the writer
could do in her own right. The two types of songwriter deals are single
and exclusive. |
Only available in Contracts
Companion
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Single
Song Agreement |
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Songwriting and publishing agreements involve the transfer of rights
in a musical composition (the actual music and lyrics) to a music
publisher to exploit the song on a greater scale than the writer
could do in her own right. The two types of songwriter deals are
single and exclusive. |
Only available in Contracts
Companion
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Copyright Registration |
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FREE! |
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There are currently three ways to register your copyright with the Copyright
Office. All fees quoted are paid directly to the Copyright
Office and no fee is collected by Legal Write Publications for this
information. Forms are also available in Copyright
Companion for Writers
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1. eCo (electronic Copyright Office) $35
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Register your work
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Preregister your work if you fulfill the requirements. Note,
preregistration is separate and distinct from registration, and it is
not a substitute for registration. It is available for certain types
of works only.
NOTE: eCO is compatible with Netscape Navigator 7.02 and Internet
Explorer 6.0 and may work equally well with other desktop web browsers. |
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2. Registration with Fill-In Form CO - $50
The next best option for registering basic claims is the new PDF
fill-in Form CO, which replaces Forms TX, VA, PA, SE, and SR. Simply
complete Form CO on your personal computer, print it out, and mail it
along with a check or money order and your deposit. |
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3. Printed Forms - $65
Paper versions of Form TX (literary works); Form VA (visual arts
works); Form PA (performing arts works, including motion pictures);
Form SR (sound recordings); and Form SE (single serials) are still
available. These paper forms are not accessible on the Copyright
Office website; however, staff will send them to you by postal mail
upon request. |
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e-Reports
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What is Copyright?
(and why you should care) |
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FREE! |
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This e-Report explains what copyright is, what it protects, how long
it lasts and other important details about copyright. |
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What Copyright Does NOT Protect NEW! |
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FREE! |
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The e-Report discusses what information copyright laws do not
protect, including facts, recipes, directions and short phrases. |
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The Benefits of Copyright Registration NEW! |
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FREE! |
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This e-Report covers the many important benefits of registration.
Registration is not required for rights to exist but enforcement and
protection is closely tied to registration. This document also
explains what the "poor man's copyright" is and why it is a
myth that does not protect your work. |
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The Different Types of Intellectual Property:
What's in a Name? |
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FREE! |
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The Literary Game:
The Players and the Process |
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FREE! |
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A Few Things Every Writer MUST Know About the law |
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FREE! |
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