FREE Legal Webinar for Authors (VIDEO & Resources)
An info-packed presentation hosted by Christine Wolf with publishing attorney Joe Perry, covering topics including book contracts, copyright law, trademark law, libel, and right of privacy.
Here’s an info-packed, 90-minute presentation from September 9th, 2023 with publishing attorney Joe Perry, covering topics ranging from book contracts, copyright law, trademark law, libel, and right of privacy. The presentation includes a brief Q&A session, found at the end (1:39:00).
And, if you scroll down, you’ll also find Joe's responses to questions submitted by attendees in advance of the webinar.
DISCLAIMER: The video above does not constitute legal advice nor an attorney-client relationship. If you need legal assistance, contact an attorney near you.
A note to writers about legal webinars for writers and authors
After I sat through my first legal webinar, I felt dejected, anxious, and deeply concerned. My first "exposure" to legal information like this made me want to snap my pen over my knee, toss it in the trash, and never write anything ever again.
But please don't worry.
I've learned that these feelings are normal. Hopefully, like me, you'll come to see this info as empowering, no matter what stage of the publishing process you're in. The best advice I ever received is to keep writing and drafting for YOU. Then, when the drafting process is done, you'll run the work past your editors, your coaches, your attorneys, your beta readers, etc.
As publishing attorney Joe Perry stresses in this webinar, "Most of the time, you're not going to run into any of these issues, knock on wood...and if you ever do, there are resources."
For now, while it's important to understand the basics of the legal landscape, don't let your uncertainty stop you from drafting. Lots of things can change between drafting and publishing, so my suggestion is that you write your authentic story for your eyes only, THEN go back with a critical eye — and professional support.
Thanks to all who attended this webinar, as well as those who submitted questions in advance of the presentation. What follows are publishing attorney Joe Perry’s replies to as many of those queries as possible. If you have a specific question for Joe related to publishing, feel free to contact him directly at jperry@josephperrylaw.com.
ATTENDEE QUESTIONS SUBMITTED PRIOR TO THE WEBINAR
DISCLAIMER: The answers below do not constitute legal advice nor an attorney-client relationship. If you need legal assistance, contact an attorney near you.
1. Question: “How do I remove a so-called "Summary" (rip-off) of my new memoir from Amazon?”
Joe's Answer: I believe we already discussed this [see Joe's response at the end of the webinar recording].
2. Question: “With respect to referencing someone else's work in a fictional piece, would this scenario be considered fair use? Giving attribute to the author (e.g., I recite my favorite lines from [Author], AND 2. use an 8-word phrase from said author's larger work, AND 3. use another 12-word phrase from said author's same large work in the same paragraph? Would the above be considered fair use if the 3rd point above is omitted (reducing the total words used from 20 to 8)?”
Joe's Answer: You need to transform the content. All of the content you’re using is copyrighted, so you’d have to ask for permission or try fair use. For fair use, you’d have to transform the content and justify the purpose for taking the material. You can transform the content by adding new meaning, a new message, new utility to the copyrighted content. You need to think about why you’re using the content and only use as much as is necessary to make your point.
3. Question: “Do we need an author’s permission to quote a few sentences of their work in ours (with full citation, of course)?”
Joe's Answer: Best practice is always to ask for permission. However, if you don’t hear from the copyright owner or their permissions fee is too expensive, then you should try fair use. Remember to transform the content as mentioned in the webinar and to justify the purpose for taking the material.
4. Question: “Do I have to ask permission to use someone's real name or decide to change their name?”
Joe's Answer: It’s context-dependent. If you change their name, I’d also change any physical characteristics, geographic locations, perhaps even change genders. If you’re worried about being sued, you need to deidentify the person as much as possible. If you want to use their name, then yes, I’d ask for permission.
5. Question: “I took part in a study/round table for someone’s Phd thesis and he would now like to use my story in his book. However, this is the same topic of my memoir in progress. Is this a good idea? Is there a way to have him contractually mention the fact I am writing a book about my story in his manuscript or is it best to not give him permission to use my story? If I don’t give him permission would I have any recourse if he uses it anyway?”
Joe's Answer: I would need more facts. How long is the story? Is it an excerpt from your book or your story generally? If it’s an excerpt, I’d think about how this could help you from a publicity/marketing standpoint. Will there be a lot of copies sold of the book? If not, it may not be worth your time. If he publishes an excerpt from your work if you don’t give permission and you’ve registered the copyright to your work, then you can sue for copyright infringement.
6. Question: “My contract with the publisher of my first books grants them the right of first refusal. What does this mean for the book I'm writing now?”
Joe's Answer: Right of first refusal means that the publisher has the option to your next book. It’s standard in every publishing agreement.
7.Question: “I am not sure whether or not to publish under a pen name (I do not want to) because m[y] ex husband (who is anonymized in the manuscript) could potentially learn about the book.”
Joe's Answer: If you’re worried about being sued, a pen name may be the way to go. It all depends on the risk you want to take. If you don’t think your ex husband will sue (and of course it all depends on what is said about him in the book), then perhaps you can use your real name.
8. Question: “Is original fiction or memoir published on Substack as a serialization in the form of newsletters considered already published content by the publishing industry?”
Joe's Answer: Yes. You’d also have to check Substack’s terms of use to see if they’d own the copyright to the content once it’s published.
Christine adds: According to Substack, "You own all the content you publish on Substack. We ask everyone to sign a publisher agreement, which you can read here." Additionally, Sarah Fay on Substack encourages writers to serialize without fear of being previously published. You might want to check this piece out (and contact Sarah at mssarahfay1516 [at] gmail.com for clarification).
Joe then adds: If you own it, that's great. I'm sure there might be publishers out there who may ask, "Will people go buy the book after they've already read it on Substack?" On the flip side: if it's good and is causing a lot of demand, then I think the publisher will look past the amount of people who already viewed it and try to capitalize on its popularity."
Additional Resources
1) The Authors' Guild offers free legal services to members: https://authorsguild.org/legal-services/
2) Negotiating Book Contracts: Jane Friedman on the Sunday Business Sermon Podcast (Sept. 17):
https://us02web.zoom.us/webinar/register/WN_ynH50X_-SPmKrBBTnJ2Kkg#/registration
3) Insurance for authors:
https://www.authorlearningcenter.com/writing/writing-jobs/w/the-business-of-being-a-writer/7885/why-writers-and-authors-may-need-special-insurance-policies#:~:text=If%20you're%20a%20self,in%20this%20type%20of%20coverage.
4) Media Liability Insurance:
https://authorsguild.org/insurance-and-discounts/media-liability-insurance/
5) The 3 Business Aspects of Being an Author: Production, Distribution, and Marketing:
https://www.authorlearningcenter.com/writing/writing-jobs/w/the-business-of-being-a-writer/8195/the-three-elements-that-can-lead-to-a-successful-author-business
6) Author Learning Center's Legal Resources:
https://www.authorlearningcenter.com/publishing/legal/
7) Forming your own LLC (state by state):
https://www.collective.com/guides/how-to-start-an-llc-for-all-50-states
8) Money, Writing, and Life with Jane Friedman:
https://janefriedman.com/running-business/
Thanks for checking out my FREE Legal Webinar for Authors!
Please subscribe to Writers' Haven for updates on upcoming FREE webinars designed for writers and authors.
As always, feel free to get in touch with your writing questions, stuck points, challenges, and VICTORIES! I sincerely love knowing how the writing world is treating you. The issue you share just may be the next topic we highlight in Writers Haven Presents. Reply to this email or reach out at www.christinewolf.com/contact.
Legal Services
In need of additional legal services? Have a question you didn't see in the presentation or followup discussion? Get in touch directly with Joe Perry of Perry Law at jperry@josephperrylaw.com.
Writing Coaching
In need of a writing coach? I offer FREE 20-minute consults, discounted hour-long deep dives, and ongoing coaching and accountability services. Reply to this email or get in touch at christine@christinewolf.com or www.christinewolf.com/contact.
Thank you for being a part of the Writers' Haven community.
Keep writing! It's WORTH IT.
Christine Wolf
Author | Speaker | Writing Coach
www.christinewolf.com
Pre-order my book: Politics, Partnerships, & Power: The Lives of Ralph E. and Marguerite Stitt Church (coming December, 2023)
The very first biography of a 20th-century powerhouse couple who, with prescient and persistent methodologies and hearts, gave four decades of legislative service and established much of Illinois’ dedicated political tradition. Spanning the awkward dance of prohibition in Evanston to Marguerite Stitt Church's involvement in the creation of Peace Corps — with a particular focus on her remarkable legacy as a pioneer for women in government — this historical nonfiction is both a resource and a gripping delight."
Download my Free PDF of Writing Tips
Owner, Writers' Haven LLC, Co-Working Spaces for Women Writers, featured in Condé Nast Traveler, September 2023
Moderator/Panelist, AWP 2024 Conference
Instructor, Story Jam Studio
Faculty, The Infinity Foundation
Champion, The Moth's StorySLAM (Chicago 6/20/22, "Birthdays")
Former Columnist, The Chicago Tribune / Pioneer Press
Professional Member, American Society of Journalists & Authors
Professional Member, PEN America
Curated Writer, Medium.com
Member, The Authors Guild
Member, Society of Midland Authors
Member, Gotham Ghostwriters
Professional Member, American Society of Journalists & Authors (ASJA)
Former Board Member, Society of Professional Journalists Chicago Chapter