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Tables of Contents for The Writer''s Legal Guide
Chapter/Section Title
Page #
Page Count
Acknowledgments
xiii
2
Update
xv
 
1 The Business of Writing
11
6
Writers Groups
Lawyers for the Arts
Value of The Writer's Legal Guide
2 Copyright: Gaining and Keeping Protection
17
20
The Value of Copyright
The "New" Copyright Law
Effective Date
Single Copyright System
What Is Copyrightable?
Who Can Benefit From Copyright?
Term of Copyright
Exclusive Rights
Transfers and Licenses
Termination
Selling to Magazines and Other Collective Works
Entering Contests
Ownership of the Physical Work
Publication with Copyright Notice
Form of Copyright Notice
Placement of Copyright Notice
Defective Notice
3 Copyright: Registration and Deposit
37
10
Choosing the Copyright Form
Advantages of Registration
Group Registration
Deposit
Alternate Deposit
Deposit for the Library of Congress
Filling Out the Copyright Forms
4 Copyright: Works for Hire and Joint Works
47
10
Who Is an Employee for Work for Hire?
Specially Commissioned or Ordered Works
Joint Works
Community Property
A Proposal for Reform
5 Copyright: Infringement, Fair Use, and Permissions
57
14
The Test for Infringement
Substantial Similarity
Damages for Infringement
Who Is Liable for Infringement
Fair Use
Archival Copying
Parody in Advertising
Unpublished Works
Educational Fair Use
Permissions
Locating Copyright Owners
6 Copyright: Past and Present
71
12
Intellectual Property
A Monopoly on Copying
In the United States
International Copyright Protection
United States Protection for Foreign Writers
Trade Sanctions, GATT, and Bilateral Agreements
United States Goals
Restoration of Copyright
Enhanced Enforcement
Protecting Electronic Rights
The Legacy of Copyright
7 Other Rights of the Writer
83
14
Moral Rights
Unfair Competition
Protection Against Defamation
Right to Privacy
Right to Publicity
Protection Against Misappropriation
Writers in the United States
8 The Limits of Expression
97
16
Defamation
Invasion of Privacy
Obscenity
Censorship in the United States
9 The Freedom of Information Act
113
8
How to Make a Request
Exceptions
A Case Study--The Nation Magazine v. Department of State
Obtaining Assistance
10 Contracts: An Introduction
121
12
Offer and Acceptance
Consideration
Competency of the Parties
Legality of Purpose
Written and Oral Contracts
Warranties
Assignments of Contracts
Nonperformance Excused
Remedies for Breach of Contract
Statutes of Limitation
Bailments
Protection of Ideas
Contracts for Readings and Lectures
11 Negotiating Book Contracts
133
32
Grant of Rights
Subsidiary Rights
Electronic and Multimedia Rights
Reservation of Rights
Delivery of a Satisfactory Manuscript
Additional Materials and Permissions
Royalties
Royalty Reductions for Certain Sales
Reserve Against Returns
Advances
Payments, Statements of Account, and Inspection of
Books
Duty to Publish and Keep in Print
Copyright
Warranty and Indemnity
Insurance
Artistic Control
Credits
Original Materials
Competing Works
Options
Free Copies
Assignment
Infringement by Others
Termination
Arbitration
Agency
Collaborators
Advertising and Promotion
Security Interests
Other Provisions
12 Magazines and Syndication
165
10
Licensing to Magazines
The Grant of Rights
The Assignment and the Due Date
Fees and Payment
Other Issues for the Writer
Electronic Rights
Syndication
13 Dramatic Productions, Films, and Television
175
6
Dramatic Productions
Films and Television
14 Electronic Rights and New Media
181
14
The Multimedia Paradigm
The Struggle Over E-Rights
Collective Licensing
Paying Revisited
The World-Wide Copying Machine
Contracting for Electronic Rights
Electronic Publishers
The Author's Registry
Audio Rights
Towards a Fruitful Future
15 Agents and Agency Contracts
195
14
Authority of the Agent
The Value of Agents
Choosing and Dealing with the Agent
Reading Fees
The Agency Agreement
Scope of the Agency
Agent's Commissions and Expenses
Payments and Accountings
16 Collaboration Agreements
209
6
Copyright and Authorship
Income and Expenses
Control of the Work
The Publishing Contract
Agents
Dispute Resolution
17 Packagers
215
4
18 Vanity Presses and Self-Publication
219
8
Self-Publication
Vanity Presses
A Case Study: Exposition Press
19 Taxes: Income and Expenses
227
20
Record-Keeping
Accounting Methods and Periods
Types of Income
Basis
Grants
Prizes and Awards
Professional Expenses
Writing Supplies and Other Deductions
Work Space
Professional Equipment
Travel, Transportation, and Entertainment
Commissions, Fees, and Salaries
Schedule C-EZ
Beyond Schedule C
20 Taxes: Beyond Schedule C
247
10
Self-Employment Tax
Estimated Tax
Retirement Plans
Child and Disabled Dependent Care
Bad Debts
Net Operating Losses
American Writers Living Abroad
Foreign Writers in the United States
Employee Expenses
Forms of Doing Business
Gifts
21 The Hobby Loss Challenge
257
8
A Test: Three Years out of Five
Profit Motive: The Nine Factors
The Cases
An Overview
22 The Writer's Estate
265
14
Written Works
The Will
Choosing Executors
Estate Taxes
Trusts
The Gross Estate
Valuation
Taxable Estate
Unified Estate and Gift Tax
Liquidity
Gifts
Basis
The Estate Plan
23 Grants and Public Support for Writers
279
8
The National Endowment for the Arts
NEA Funding
State Support
The Writer in the Great Depression
Ireland
Japan
Grants
24 How to Avoid or Resolve Disputes
287
6
Warning Signs
Mediation and Arbitration
Forcing Arbitration
Small Claims Court
Retaining a Lawyer
Selected Bibliography
293
2
Index
295