Trust vs. Corporations by Kelley Way
Trusts and corporations are valuable estate planning tools. Each serve as a way to keep an estate out of probate, because both are considered separate entities under the law.
Tagged: Kelley Way
Termination Right 101 by Kelley Way
I’ve had several occasions now where I’m talking to an author, and they mention how frustrating it is that this publisher has the rights to their book and, for one reason or another, the publisher refused to give the rights back when the author asked for it. I promptly ask the first question that comes to my mind: “So, do you think you’ll exercise your termination right when the time comes?”
Estate Planning for Copyright Owners by Kelley Way
Let’s face it, death is depressing. Thinking about your own death is doubly depressing. However, if you have a copyright that is making money, and you want it to stay profitable, you should have a plan in place for what will happen to it when you can no longer manage it yourself.
To register or not to register your copyright by Literary Lawyer, Kelley Way
Welcome back to our regular column on literary law. Today we focus on whether of not to register your copyright from our monthly guest columnist, Kelley Way, a lawyer specializing in literary law. If you have general questions...
Top 5 Tips for Negotiating by Kelley Way
Negotiation is a part of life. We haggle at farmers’ markets, we bargain with our significant others, and of course, we make deals in the business world. Knowing the rules of negotiation is helpful in all of these situations, but most of all when making business deals.
Licensing for Authors
You know you’ve hit it big when someone approaches you, asking for a license to use your work. And you also know (or at least you should, if you’ve been reading my articles) that if you’re borrowing heavily from someone else’s work, you should really get a license from them if you don’t want a cease and desist letter from their lawyer. Those are not pretty. Even if they’re polite, they still use scary words like “lawsuit” and “infringement.”
Using Real People in Stories: Part 3 of 3, By A Copyright Law Attorney
In Parts 1 and 2, we covered defamation and privacy rights, and how they applied to literary law. Today we turn to the right of publicity, which is a favorite among celebrities.
Using Real People in Stories, Part 2 of 3, By A Copyright Law Attorney
In my last article, we talked about defamation and how to avoid a defamation suit. While it’s important to know, it’s not likely to come up unless you actually lied and used the person’s name. In most cases, the average citizen will sue on the basis of violation of the right of priacy.
Using Real People in Stories – Part 1
One of the more frequent questions I am asked is whether an author can use a person’s name, life story, or attributes in his or her novel. It’s a thorny issue, which is not surprising when a person’s reputation, privacy, and/or identity is involved. To make matters worse, there are few, if any, federal laws on this subject, so what claims an angry plaintiff can pursue, and the nature of those claims, will vary from state to state.
How to Register a Copyright
I’ve been asked several times to help someone register his or her copyright. At the risk of inciting the wrath of my fellow copyright attorneys, I’ll put in print what I’ve told these people: while I’m happy to do so, you don’t need an attorney to file a copyright.
Copyright 101 for Authors
Welcome to the monthly series on legal issues for authors to empower you, the artist entrepreneur. Today we focus on trademark protection for fictional characters from our monthly guest columnist, Kelley Way, a lawyer specializing in literary law and other aspects of law.
Trademark Protection for Fictional Characters
Welcome to the monthly series on legal issues for authors to empower you, the artist entrepreneur. Today we focus on trademark protection for fictional characters from our monthly guest columnist, Kelley Way, a lawyer specializing in literary law and other aspects of law. She’s also a writer! If you have general questions for Kelley on contracts or other aspects of literary law, be sure to comment below. And you can also email her, too.
Copyright Protection for Fictional Characters
Welcome to the monthly series on artist entrepreneurship. Today we focus on copyright protection for fictional characters from our monthly guest columnist, Kelley Way, a lawyer specializing in literary law and other aspects of...
5 Legal Mistakes Authors Often Make
Welcome to the monthly series on artist entrepreneurship. Today we focus on 5 mistakes writers and story tellers make using criminal law in their stories — from our monthly guest columnist, Kelley Way, a lawyer specializing in literary law...
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