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Literary Law Guide for Authors

Logic Bomb writes "Everyone's favorite way to begin a post on Slashdot is 'IANAL, but...' Having said that a few times myself, when I saw this book I figured it might be nice to get at least a little formal information on what the heck I was writing about. Literary Law Guide for Authors was not quite what I was looking for, but it was extremely informative." Read on for Logic Bomb's review. Literary Law Guide for Authors: Copyright, Trademark, and Contracts in Plain Language author Tonya Marie Evans and Susan Borden Evans pages 190 publisher FYOS Entertainment rating Excellent reviewer Logic Bomb ISBN 0967457963 summary A practical guide to copyright and trademark law

The content of the book really is as the title claims. It is a practical explanation of legal concepts, written by practicing lawyers. It is not a theoretical exploration, it is not a detailed history, and it is most definitely not criticism. The primary audience is writers who want a good understanding of the law before getting involved with the publishing industry or attempting to self-publish. The writing itself is beautifully concise and precise. Given the topic, there are passages that require long lists of examples and distinctions to maintain accuracy. If you have never encountered thorough legal writing before, it can be a bit daunting.

Literary Law Guide begins by explaining copyright in great depth. In this book, that only means 10 pages. But the table of contents for that section alone lists the following:

  • Protecting Ideas
  • When Copyright Ownership Begins
  • Showing the World That You Own Your Work
  • What a Copyright Owner Has the Right to Do
  • Scope of Copyright Protection
  • The Elements of Copyrightable Works
  • Copyright Registration
  • How to Investigate the Copyright Status of a Work
  • Where to Search for Information about Registered Copyrights
  • Transfer of Copyright
  • Reclaiming Your Copyright After Transfer
Further sections consider fair use, work for hire, copyright infringement (an important topic for Slashdot), and the complications of registering copyright for online works. The latter section even lists the rules for what portions of source code must be submitted to register copyright on software.

That's only the first half of the book's text. Trademark gets the next 30 pages. Once again the authors provide thorough explanations of concepts and actual legal procedures. The final section is on contracts. Given the book's nature, it's really about publishing contracts for writers, but the information is still useful.

The book includes a CD with a handful of Copyright and Trademark Office forms in PDF and Word files of sample publishing contracts. These materials are also printed over 90 pages in the book itself. With the exception of the contracts, this is fairly superfluous. The forms are all readily available online.

Overall, Literary Law Guide has value for several segments of the Slashdot readership. Programmers, especially those working independently, can gain invaluable information on the available means for protecting or profiting from their work. Those interested in Free content (not just software) can better understand issues surrounding licensing and the public domain. Everyone who reads the book will have a better understanding of the issues we spend so much time discussing.

Perhaps because it is targeted towards the world of traditional writing, Literary Law Guide may leave a Slashdot reader unsatisfied at the coverage of digital-age issues. However, I think the fault for that really lies with a legal structure that is, as we all know, far behind the times. A book on the law can only cover what law there is. As the authors put it, in what may be the greatest understatement on this issue I've seen:

In light of this twenty-first century reality, some scholars believe that the law lags far behind in closing the gap between yesterday's statutes and tomorrow's technology.

The final recommendation: if you want to know more about copyright and trademark than you'll easily discover using Google, this book is for you.

You can purchase Literary Law Guide for Authors: Copyright, Trademark, and Contracts in Plain Language from bn.com. Slashdot welcomes readers' book reviews -- to see your own review here, read the book review guidelines, then visit the submission page.

9 of 85 comments (clear)

  1. fp mofo by Anonymous Coward · · Score: -1, Offtopic

    i hope you're still eating it

  2. IANAL.. by Anonymous Coward · · Score: -1, Offtopic

    IANAL, but this is the first post.

    1. Re:IANAL.. by Anonymous Coward · · Score: -1, Offtopic

      IYWAL, you'd have known that it is not first post.

  3. FP by Anonymous Coward · · Score: -1, Offtopic

    WOOHOO! I got first post you must love me?

    I would like to thank the academy.

  4. IANAL by Anonymous Coward · · Score: -1, Offtopic

    but I'm pretty sure that legally this is a frosty post.

  5. Yes, I'm a lawyer . . . by tarzan353 · · Score: -1, Offtopic
    (With the disclaimer that I only am licensed to practice law in California, and although I am in the process of starting a solo practice, I am chained to a law firm for the next month or so and thus can't initiate my own cases. and this is not legal advice, yadda yadda - see sig)

    Some of the aspects of this story sound legally questionable. For example, a credit card company's acceptance of an unsigned credit card application, in general. But also, since there was no signature, your wife (although extremely careless and naive for throwing her personal information in a public trash can) never consented to the "fine print" which was the ostensible hook for the company to distribute her info to spammers, telemarketers, other vermin. True, if someone fished her info out of the trash and used it for spamming, she might not have much of a remedy - although some states have put anti-spamming laws into effect, they typically only give a remedy against the spammer, and they make themselves hard to find and identify - who do you sue? But it sounds, from your account, like you can prove the unsigned application was actually submitted to VISA, and may be able to prove that VISA sold her info to the pond scum with knowledge that she had not consented. If that were so, you might have some kind of remedy against VISA or the bank that issued the VISA. If you are in a jurisdiction like California which has a privacy right incorporated in its state constitution, your position might be even stronger.

    I would recommend consulting a lawyer who is licensed to practice in your jurisdiction. If you don't know a lawyer, try contacting law schools in your area or your State Bar Association to ask if there are any referral services they would recommend to look at a case of potential privacy violation. This is better than picking up the phone book at random.

  6. Elliot Smith dead at 34 by Anonymous Coward · · Score: -1, Offtopic

    He was found dead in his apartment of a self inflicted stab wound to the chest. He's best remembered for his Oscar nomination for the song "Miss Misery" featured in the film Goodwill Hunting. I'm sure everyone in the Slashdot community will miss him - even if you didn't enjoy his work, there's no denying his contributions to popular culture. Truly an American icon.

  7. Would you fuck orcs? by Anonymous Coward · · Score: -1, Offtopic
  8. creator's newclear power plan for planet residents by Anonymous Coward · · Score: -1, Offtopic

    get ready to see (or at least 'feel') some of the light.

    don't fret about what's past. you might want to consider becoming very aware of yOUR intentions/behaviours/environment, as a means to learn to use yOUR limited resources wisely.

    get a little more oxygen on yOUR brain.

    consult with/trust in yOUR creator... that's the spirit, moving you. fear can only slow you down, at this point.