Whose book title is it, anyway?

Professor Charlotte Smith, an up-and-coming young entomologist, decided to write a textbook for the always-popular, upper-level course on spiders.  After putting out a few feelers, she submitted a proposal to Six Legs Press, a leading publisher of  books about insects.  Six Legs loved the proposal and offered Professor Smith a contract. Charlotte was so abuzz with excitement—”tenure, here I come!” she yelled—that she signed the contract without even reading it.

Consequences of not following third party photo usage restrictions

Q: What happens if, notwithstanding your best intentions, a 3rd party photo usage restriction escapes your notice and your lapse is detected by the photographer or stock agency?

A: Steve Gillen, lawyer and partner in the intellectual property firm of Wood Herron & Evans:

“Well, about the best you could expect is that you will be deemed in breach of your contractual commitment and held to account for what you should have paid for the uses you actually made. More likely, however, is a claim that you have made an unauthorized and infringing use of a copyrighted work outside the scope of any license you might have had. In this event, the copyright owner has some very potent strategic advantages and remedies at his/her disposal:

What you need to know about using third party photos

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How to apply for copyright

Lisa Moore, Principal, The Moore Firm, LLC:

“It’s very easy to apply for a copyright registration. You can do it online. The Copyright Office’s website is actually an excellent resource.

The process is changing. Back in the day, you had to fill out the form depending on what you were registering. The Copyright Office changed that, and they’re now utilizing one common form that can be done online. It’s much cheaper that way, $35 and you get your registration back much more quickly. If you mail in the old paper forms it takes somewhere between a year and two years to get it back, but if you do it online it’s somewhere between three and six months.

Q&A: How do you apply for copyright registration?

Q: How do you apply for copyright registration?

A: Lisa Moore, principal of The Moore Firm, LLC:

“It’s very easy to apply for a copyright registration. You can do it online. The Copyright Office’s website is actually an excellent resource.

The process is changing. Back in the day, you had to fill out the form depending on what you were registering. The Copyright Office changed that, and they’re now utilizing one common form that can be done online. It’s much cheaper that way, $35 and you get your registration back much more quickly. If you mail in the old paper forms it takes somewhere between a year and two years to get it back, but if you do it online it’s somewhere between three and six months. Copyright infringement matters have a very short statute of limitations, so it’s critically important that you register as soon as possible.

The statutory termination right: One copyright act provision your publisher hopes you never hear about

In the fall of 1977, Ralph Little had just received his Ph.D. in Elfin Studies and was beginning his first faculty job as an assistant professor at Middle Earth College. Elfin Studies was in its infancy – many universities did not even recognize it as a legitimate discipline — and there was no introductory textbook on the market. Each week Ralph prepared lecture outlines on ditto masters for the dozen intrepid undergraduates in his Elfin Studies 101. When a representative of Colossal Publishers, Inc., came by his office, Ralph, sporting the sideburns and bell-bottoms of the day, told him about his idea of writing an introduction to Elfin Studies.

Soon afterward, Colossal offered Ralph a contract to write his Introduction to Elves, for a royalty of 5 percent of Colossal’s receipts on every copy sold. The royalty sounded almost as diminutive as the subject matter. But Ralph was thrilled to become a textbook author, and the editor promised him that when the book came out, he would be invited to Colossal’s Midwestern sales meeting in Minneapolis. He signed the contract early in 1978, and the first edition was published on January 10, 1980.