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Literary Law Guide for Authors
Table of Contents

Foreword by Dan Poynter


Symbol Key

Chapter 1 From Writer to Literary Entrepreneur

The Name Game: Copyright, Trademark, or Patent?

An Overview of Literary Law Questions

Chapter 2 Copyright

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
Copyright Office Contact Information

Chapter 3 Copyright Registration of Online Works

Revisions and Updates
Automated Databases
E-Newsletters and Other E-Serials
What Samples of Online Works to Send to the Copyright Office

Chapter 4 Other People's Words: Fair Use, Permissions, and Work Made for Hire

Fair Use
How to Establish Fair Use
Getting Permission to Use the Work of Others
Work Made for Hire

Chapter 5 When Someone Violates Your Copyright

What Copyright Doesn't Protect
Names, Pen Names, Book Titles, and Slogans
Determining Who Sues and Who Gets Sued
Copyright Infringement Remedies
Limitations on Actions

Chapter 6 Other Legal Issues to Consider

Using Someone's Name or Likeness in Your Work
Privacy Issues
E-Mail and Privacy

Chapter 7 Trademark

Trademark and Service Mark Defined
Choosing a Trademark
Federal Trademark Registration
Trademark Issues Specific to Authors

Chapter 8 The Anatomy of a Trademark Application

Things to Consider before Federal Registration of Your Trademark
Preparing the Trademark Application
Filing with TEAS - the Trademark Electronic Application System
Correct Use of the Symbols ™, ®, and SM
Maintaining Trademark Registration
Registering a Trademark in a Foreign Country

Chapter 9 Trademarks on the Internet

Domain Names
Top-Level Domain Names
Second-Level Domain Names
Domain Names as Trademarks
Domain Name Disputes
Meta Tags

Chapter 10 A Brief History of Intellectual Property Law

The History of Copyright Law
The History of Trademark Law

Chapter 11 Pending Legislation Affecting Authors

Intellectual Property Protection Act of 2002 (H.R. 5057)
Freelance Writers and Artists Protection Act of 2002 (H.R. 4643)
Anti-Counterfeiting Amendments of 2002 (S. 2395)
Playwrights Licensing Relief Act of 2002 (S. 2082)
Intellectual Property Protection Restoration Act of 2002 (S. 2031)

Chapter 12 Contracts Basics

Breach of Contract and Damages
Defenses to a Claim of Breach of Contract

Chapter 13 The Publishing Agreement

Why You Need a Written Contract
The Contract Terms

Chapter 14 Other Important Agreements

The Collaboration Agreement
The Licensing Agreement

Appendix A Resources for Writers

Appendix B Forms




About the Authors




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