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Topic: Do I need a lawyer?
| Author | Message |
| flipflap | Posted – 5/7/2006 12:05:38 PM | show profile just want to clarify that the new edition probably has the contract as well. I just haven't checked out the new edition. |
| Lotus665 | Posted – 5/8/2006 9:51:51 AM | show profile NWU still does contract advising You do have to join, but their contract advisers are specially trained in publishing issues. I'm quite happy with a contract my adviser helped me with, and over the years of being an NWU member I have learned enough about contracts that when someone sends me their contract first, I know what to look for and what to avoid. IRead the contract very, very carefully and if you don't understand what a phrase means, ask them. Self-educate, folks, in addition to utilizing the fine professionals recommended on this board. |
| westsidestory | Posted – 5/8/2006 1:36:33 PM | show profile contract review by ASJA? Thanks erik and flipflap...erik, how does one contact ASJA for contract review if one is not a member? I didn't see any entry point for that on the website. Is there a fee charged for contract review? |
| jassin | Posted – 5/9/2006 11:48:08 AM | show profile Author-Publisher Contract Checkist Here are two links that you may find helpful. The first one is to an author-publisher contract checklist . Keep in mind that most contracts are not take-it-or-leave-it propositions. Be polite. Be tactful. Knowing what to ask for is crucial. Use someone who understands the parameters of the typical publishing deal to negotiate your contract. Working through an agent who has your interests at heart (and is not your publisher's surrogate) or a publishing attorney, allows you to preserve your creative relationship with your editor. Often, there is a point where your interests as an author, and your agent's interest in getting the deal done diverge. That is, while you and your agent are aligned on issues relating to compensation, they may have little interest in addressing issues such as narrowing the noncompete clause, approval rights over certain uses of your intellectual property, etc. The checklist contains keys issues to consider when you negotiate your next publishing agreement. While not all clauses are equally important (or negotiable), a well-drafted contract will cover all of them. And, if you are a nonfiction author, you will have concerns that fiction authors may not have -- especially, if your book is an extension of your business or brand. http://www.copylaw.com/forms/pubchk.html http://www.copylaw.com/new_articles/final.three.html Important! This is not intended as legal advice. If you have specific questions, please contact an attorney. Lloyd Jassin www.copylaw.com |
| eriksherman | Posted – 5/9/2006 2:06:00 PM | show profile I had put this in my post, but it may have gotten lost http://www.asja.org/cw/cw.php ------ Author of "Geocaching: Hike and Seek with Your GPS" - hidden at a bookstore near you... |
| eriksherman | Posted – 5/9/2006 2:10:23 PM | show profile | email poster Lloyd Jassin wrote: >> Working through an agent who has your interests at heart (and is not your publisher's surrogate) or a publishing attorney, allows you to preserve your creative relationship with your editor. << I would agree in the book realm. Unfortunately, only a sprinkling of magazine contracts are for enough money to make paying an attorney practical, and agents generally don't handle magazine work just because their take would be so small. So writers doing magazine and newspaper work have to inform themselves. |
