Legal Corner

 I recently reviewed a manuscript of a non-fiction, semi-scholarly work analyzing images of historical prophesy (tarot) cards. The author explained that she wanted to illustrate her book with copies of cards and photographs of ancient artifacts to demonstrate thematic links to the images on the cards. The cards are mostly of ancient provenance, although some are more recently created modern interpretations of prophetic images.

 A number of Guild members have asked me about the Google Settlement. Those who opted in saw an opportunity for revenue. Those who did nothing probably did not understand that by letting the deadline pass amounted to  an opting out.

Traditional publishers produce, distribute and market books at their own expense.  Print on demand companies offer editorial, design and publishing services or are printers disguised as publishers.  These "publishers" are in the business of fulfilling whatever sales demand the author is able to generate through her own marketing efforts.

A literary agent acts as an author's sole and exclusive representative in selling her work to a publisher. She has contacts in the publishing industry and usually specializes in particular genres. The standard agent's commission is 15%.

The U.S. Constitution grants to authors and inventors for “limited times ... the exclusive right to their respective writing and discoveries.” Fair use is an exception to a copyright holder’s right to exclusive use of an original work and works derived from it. The Fair Use privilege is embodied in Section 107 of the Copyright Act.