Jones Hugh - Publishing Law

Publishing Law

Publishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today.

Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition.

This new fifth edition presents updated coverage of the key principles of copyright, as well as new copyright exceptions, licensing and Open Access. There is also further in-depth coverage of the legal issues around the sale of digital content.

Key features of the fifth edition include:

updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes in the 2014 Regulations;

comprehensive coverage of publishing contracts with authors, as well as with other providers, including translators, contributors and contracts for subsidiary rights;

up-to-date coverage of the Defamation Act 2013, and other changes to EU and UK legislation;

exploration of the legal issues relating to digital publishing, including eBook and other electronic agreements, data protection and online issues in relation to privacy, and copyright infringement;

a range of summary checklists on key issues, ranging from copyright ownership to promotion and data protection;

useful appendices offering an A to Z glossary of legal terms and lists of useful addresses and further reading.

Hugh Jones recently retired as Copyright Counsel to The Publishers Association. A qualified solicitor, he worked in publishing for fifteen years, for law publishers Sweet and Maxwell and reference publishers Macmillan Press, before practising for eight years as a publishing and copyright lawyer at City law firm Taylor Joynson Garrett (now Taylor Wessing). He writes and lectures regularly, and was for many years Treasurer of the British Copyright Council.

Christopher Benson is a solicitor at City law firm Taylor Wessing. He has been practising for over 20 years as an intellectual property lawyer. He has considerable experience in the fields of publishing and copyright and also advises on all aspects of intellectual property law, both contentious and non-contentious, including copyright protection, trade mark protection and passing off, brand management, licensing, merchandising, sponsorship, franchising and advertising. He is a regular writer and lecturer on intellectual property matters.

Publishing Law

Fifth edition

Hugh Jones
and
Christopher Benson

Fifth edition published 2016
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

1996 Hugh Jones
2002, 2006, 2011, 2016 Hugh Jones and Christopher Benson

The right of Hugh Jones and Christopher Benson to be identified as authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

First published 1996 by Routledge
Fourth edition published 2011 by Routledge

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested.

ISBN: 978-1-138-80378-7 (hbk)
ISBN: 978-1-138-80379-4 (pbk)
ISBN: 978-1-315-73774-4 (ebk)

Typeset in Goudy
by Swales & Willis Ltd, Exeter, Devon, UK

For our long-suffering partners, families, friends, colleagues and contributors without whom this would not have been possible.

A great deal seems to have happened in the five years since the last edition, not only to publishing law in the UK but equally to communication and publishing technologies and platforms worldwide. Copyright, in particular, has been under almost constant scrutiny both in the EU and the UK. Major extensions and revisions to UK copyright exceptions in 2014 (including extended quotation, research and education and library exceptions, together with new exceptions for parody, and text and data mining) have required a new chapter on copyright exceptions, licensing and Open Access (), and we hope this re-arrangement will prove helpful and more logical. In the process, we now have fourteen rather than thirteen chapters, but we have tried to delete almost as much obsolete material as we have added new text.

Other new sections include fuller coverage of collective licensing, Creative Commons and Open Access, together with new discussion of the copyright implications of user-generated works (such as uploads to Facebook, Twitter and YouTube), which are now a major form of self-publishing on a vast, worldwide, scale. Updating the section Copyright: the way ahead in includes coverage of the sale of digital content and information requirements on online traders.

Taking account of all this remains a considerable challenge, so this book is increasingly a collaborative effort between specialist media lawyers and the publishers, authors and others who have to put it all into practice. We owe particular thanks to the following long-suffering friends and colleagues: Liv Vaisberg of the Federation of European Publishers, for commenting on EU material in , and Caroline Brazier and Andy Davis at the British Library kindly helped to keep the legal deposit requirements (now including e-deposit) up to date.

In the new , Mark Seeley, General Counsel of Elsevier, once again kindly contributed substantial new material on US copyright law, and Claire Anker of the Publishers Association reviewed the increasingly important section on piracy.

Thanks are also due to the following from Taylor Wessing for their invaluable help: Tim Pinto and Suzy Shinner on defamation, confidentiality and privacy, Adam Rendle on copyright infringement, Debbie Heywood and Nick Cody on sale of goods, consumer protection and advertising, Sally Annereau on data protection and Robert Vidal and Louisa Penny on distribution and competition. Thanks also to Andi Terziu and Olivia Brown for their invaluable help and contributions.

Any errors and inaccuracies are still all our own work. We have, once again, tried to foresee at least the major likely developments at the date given below, but this remains a fast-moving area of law, and if in doubt after that date it may always be wise to check with a publishing lawyer.

Hugh Jones

Christopher Benson

Brighton and London

February 2016

Anyone can be a publisher in the UK. You dont need professional qualifications, or letters after your name, or a practising certificate. All of us publish opinions or other information every time we send an email, or circulate anything that anyone other than the intended recipient may see (although there may be an argument about personal text messaging). Most of this is normal Internet and mobile phone traffic, the lifeblood of twenty-first century communication, and most of it most of the time keeps well away from the law. But what if an email you send to a list of friends or colleagues defames someones reputation? Or what if text or pictures you use on your website infringe someone elses copyright? The law can quickly become involved, even in such apparently domestic transactions, so anyone who is part of the full-scale business of publishing either as an author, a publisher, or in any other capacity needs to keep the law in mind all the time. That is what this book is about, and what it is for a roadmap of publishing, for those who wish to stay within the law.