Contents
Guide
Using plain language and examples from real cases, this valuable new book breaks down complicated legal issues into more clearly understood components and provides useful advice on how creators can best protect their works and careers. Drawing upon decades of experience, the book describes common business practices and provides practical advice for negotiations. Importantly, the book also discusses how best to protect creative work as others exploit it on the Internet without permission, credit or compensation.
HELEN E. FREEDMAN, Justice of the Appellate Division of New York Supreme Court (retired)
The term creative type carries with it an implicit connotation that we authors and artists are good at creating, but not so good at navigating the legal and financial side of our business. Im here to tell you that is absolutely correct, and thats why Im so grateful for a foolproof guide like this one to help show the way.
WILLIE GEIST, host of NBCs Today & MSNBCs Morning Joe, bestselling author
Everything you ever wanted to know about copyright but were too intimidated to ask! This is a must-have for all creators who wish to protect the intellectual property interest in their work and better understand the laws that govern those rights. Written in a straightforward and understandable form, this book addresses a wide range of subjects of concern to creators, from libel and privacy issues, to rights in cyberspace, through contracts and other business and tax matters.
MICKEY H. OSTERREICHER, general counsel, National Press Photographers Association (NPPA)
For authors and artists, for creative people of all stripes and convictions, this book goes to the heart of the matteror the hearts of the matter, as the case may beand provides a clear, concise and essential guide to the care and protection of the results of the creative process, with the basics as well as the caveats and exception carefully explained.
JAMES A. FOX, senior vice president and general counsel (retired), HarperCollins Publishers
For over 40 years, Ken Norwick has been my go-to lawyer for all matters involving the law of libel, copyright, obscenity, contracts and the rights of authors and artists. This book makes his learning and experience available to everyone. It does not provide legal advice in particular situations; youll need a lawyer for that. But for a clear, plain language, easy-to-read explanation of the law affecting the rights of authors, painters, photographers, etc., you wont do better. And its even fun to read.
IRA GLASSER, author, activist and former executive director of the American Civil Liberties Union
At a time when writers and artists need all the backbone they can summon, Ken Norwicks accessible, savvy legal primer is a shot of high-grade, concentrated calcium.
DAVID MARGOLICK, author, contributing editor to Vanity Fair magazine and former law correspondent for the New York Times
The contractthe binding agreement between the writer and the publisheris the backbone of the relationship between the two. It provides, in effect, for the best-case and the worst-case scenarios for the author. Understanding the contract is essential for any writer. This book very clearly and thoughtfully lays out the basics of this agreement between creator and publisher and is a must-read for any aspiring artist who contemplates publishing his or her work.
GAIL HOCHMAN, president of the Association of Authors Representatives
Ken Norwicks book is a deft, straightforward and even entertaining handling of, at times, some pretty complex subject matter. Norwick is an expert on the topic who successfully untangles and simplifies copyright and related law. The book is a valuable resource both for content creators who want to know their rights and issues and for lawyers getting familiar with the field.
GEORGE FREEMAN, executive director of the Media Law Resource Center and former assistant general counsel of the New York Times
Every author, artist, filmmaker, photographer and cartoonist, no matter how sophisticated intellectually or creatively, would benefit by reading this lucid and readable guide through the arcane, often frustrating, occasionally head-scratching maze of laws that guarantee us our freedom of expression and our ownership of that expression.
GARY GROTH, publisher of The Comics Journal and Fantagraphics Books
The Legal Guide for Writers, Artists and Other Creative People is an excellent, easy-to-understand guide to copyright law for the non-lawyer. It is well written and presents the complex ideas simply and clearly, while acknowledging that parts of the law are still unsettled.
MICHAEL GROSS, Director of Legal Services for the Authors Guild
THE
LEGAL GUIDE
FOR
WRITERS,
ARTISTS
AND OTHER
CREATIVE PEOPLE
PROTECT YOUR WORK AND UNDERSTAND THE LAW
KENNETH P. NORWICK
WITH COOPER KNOWLTON
The author and publisher have provided this e-book to you for your personal use only. You may not make this e-book publicly available in any way. Copyright infringement is against the law. If you believe the copy of this e-book you are reading infringes on the authors copyright, please notify the publisher at: http://us.macmillanusa.com/piracy.
This book is a revised, expanded, and updated edition of The Rights of Authors, Artists and Other Creative People, co-authored by Kenneth P. Norwick and Jerry Simon Chasen, that was published in 1992 as part of the American Civil Liberties Unions acclaimed Rights Of series. And although much of that earlier book remains accurate and has been carried forward into this one, the ever-changing nature of the law and the publishing, communications, and entertainment industries has required substantial revisions to that book. Most obviously, while that book had barely a mention of websites and the Internet, this book has a whole separate chapter devoted to the cyber revolution. It is our hope and intention that this book is as accurate, reliable, and accessible as we could make it for readers in the second decade of the twenty-first century.
Because this book is titled The Legal Guide for Writers, Artists and Other Creative People, a few disclaimers are necessary. First, although portions of the book should prove useful to all creative people, the book does not address the legal rights and problems of all creators. Of necessity, lines had to be drawn and categories of creators excluded. Thus, the book does not deal separately with performing artists, those who compose or arrange music, or choreographers or directors, among others. Instead, the book concentrates on those who write articles, books, plays, and motion pictures and those who create works of visual art. As a shorthand, the book refers to all such people as creators.
Second, the book does not purport to provide the last word on most of the issues it discusses. Especially where the applicable law can vary markedly from state to state, such an undertaking would have been impossible. Instead, the book attempts to provide an introduction to and an overview of the law applicable to the creators to whom it is addressed.