Publishing attorneys, also known as literary lawyers, specialize in the legal and business aspects of the book industry. They provide essential services for both traditionally published and self-publishing authors, as well as publishers and literary agents.
Key Legal Services
- Contract Review & Negotiation: Analyzing and revising agreements with trade publishers (including the “Big 5”), university presses, and hybrid publishers to secure better financial terms and protect author rights.
- Literary Agency Agreements: Reviewing contracts between authors and agents to ensure fair representation terms.
- Rights Management: Drafting and negotiating Book Option Purchase Agreements and Shopping Agreements for film or television adaptations. They also handle subsidiary rights like translation, audio, and merchandising.
- Pre-Publication Legal Reviews: Vetting manuscripts for potential legal risks such as defamation, privacy violations, or “fair use” issues before they go to print.
- Intellectual Property Protection: Assisting with copyright registration, trademarking literary archives, and addressing copyright infringement or plagiarism.
- Dispute Resolution: Representing clients in business disputes, breach of contract cases, and royalty audits.
When to Hire a Publishing Attorney
- Receiving an Offer: Before signing any publishing or agency contract, as terms are often highly negotiable.
- Self-Publishing Support: Navigating complex contracts for cover art, layout, distribution platforms, and publicity.
- Avoiding Scams: Identifying less-than-reputable companies that charge excessive fees for publishing and require authors to buy back their own books.