• The Writer's Court

    Bankruptcy of a Publisher: What Authors Need to Know! 

    by
    Kris McConville
        Published: April 2nd, 2012  Views: 989 
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    Nobody wants to see a publisher file for bankruptcy but unfortunately in this economy, it does happen. Not to bring doom and gloom down upon you, but I just want to make you aware of the issues in case this ever happens to you. This article is meant to give you pause to think things through before signing with a publisher.

    As an author, did you ever consider what happens to your rights if your publisher files bankruptcy? No, it isn’t something that an author would think about. But questions do arise. How does the publisher’s bankruptcy impact me? Will I get paid my royalties? What about my rights, can I get them back? Can I move my book to a new publisher? Do I need a lawyer?
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    Tax Time Again 

    by
    Kris McConville
        Published: March 3rd, 2012  Views: 476 
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    Doesn't it feel like we just filed taxes? Oh well, I guess time really does fly when you are having fun. Last March I posted an article on Tax Tips which was very well received by authors wondering 'what' and 'if' they could take as deductions for their writing.

    This article is a combination of that article (based on notes and lectures from a November 2010, class taught by Diane Kelly) updated with information I learned last week in the class "Taxes and the Writer" through RWA University taught by Stephanie Feagen.


    Tax Tips for Writers
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    Copyright Issues for Writers (Part 3) 

    by
    Kris McConville
        Published: February 6th, 2012  Views: 368 
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    Fair Use and Public Domain

    This article was first published here on October 1, 2010 and in continuation with the other articles I'm re-posting on the beast called 'copyright' this is an area of concern that comes up a lot.

    The Copyright Act (17 USC § 107) creates an exemption from liability for infringement for certain “fair uses” of copyrighted material. There is a four factor analysis that is fact specific and therefore, has to be analyzed on a case-by-case basis. Therefore, it is subjective and different courts could interpret the factors differently.

    The four factors that are to be weighed in any determination of whether the use of the copyrighted material is a fair use are:
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    Copyright Issues for Writers (Part 2) 

    by
    Kris McConville
        Published: January 3rd, 2012  Views: 266 
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    This article was originally posted on September 10, 2010. I wanted to re-post it now as a follow-up to my November 2011 posting.

    There is no such thing as an ‘international copyright’ that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country basically depends on the national laws of that country. Most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions such as the Berne Convention for the Protection of Literary & Artistic Works and the Universal Copyright Convention (UCC).
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    "Best Edition" for Mandatory Deposit with US Copyright Office 

    by
    Kris McConville
        Published: December 5th, 2011  Views: 1144 
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    E-Book or Print Copy

    This month’s article is a response to a question received regarding last month’s posting of Copyright Issues for Writers (Part 1). The question was, “I filed a copyright on my eBook and sent in the two PDF copies with the money and information via the Internet. Now my book is coming out in print, should I send them a trade paperback?”

    The question stumped me because I had never really thought about it. When I think of the Library of Congresses depository I think of hardcover bound books, I never contemplated eBooks. So I did what I always do when I don’t know the answer, I did some research. Listed at the bottom of the article and throughout the article are the sources from the U.S. Copyright Office that I relied upon to respond to this question.
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    Copyright Issues for Writers (Part 1) 

    by
    Kris McConville
        Published: November 1st, 2011  Views: 554 
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    My post was originally posted in March 2010 soon after the Writer’s Court began. Since copyright issues are always important to remember, I’ve decided to update and repost this article for my November 1, 2011 blog entry.

    The world of copyright is a beast with many heads. For an author, wanting to file a copyright, there are a variety of questions that need to be answered. For an author, who wants to use something that already has copyright protection, there are a variety of steps to obtaining that permission. In this entry, I will provide answers to all of the following questions:
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    You Got a Contract - Now What? 

    by
    Kris McConville
        Published: October 3rd, 2011  Views: 267 
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    This posting was originally posted on the Writer’s Court back in July 2010. Since there has been some talk on the Savvy authors loop regarding publishing contracts I wanted to update and post a new version.

    Okay so you finally got a ‘yes’. Now what – sorry but the process is just starting. There are several important tips and pitfalls to look for in a standard publisher contract. The first thing to remember is that the contract is written by the publisher so the terms will be in their favor. This is why a literary agent and/or an attorney are important to have on your side of the table. You can find ‘literary or intellectual property’ attorneys through your state’s bar association. They are used to looking at publishing contracts because this is their specialty or ‘niche.’ If you let your neighbor who is a real estate attorney look at it, they might not see anything wrong, whereas a literary attorney will.
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    Barbara Rae Robinson
    Barbara Rae RobinsonI live in the country on a small acreage with my retired husband. We're 32 miles from downtown Portland.