Legally Speaking: Q&A

You had questions… now I have answers!  As we wrap up the Legally Speaking post series, I’ll address the questions that have come up during the past few weeks. Can I use the name of a deceased person as a character name in my “based on a true story” work of fiction? Depends on who… Read more »

Copyright Resource List

As our “Legally Speaking” series winds down, I thought I would share some links and resources where you can find more information about copyright and legal issues for writers.  This is by no means an exhaustive list, but it can certainly help you get started. Law School Clinical Programs In addition to the resources and… Read more »

Licensing vs. Work for Hire

One legal distinction that is very important for writers to understand is the difference between licensing and work for hire. Licensing In publishing terms, licensing is usually the scenario you find when you publish your work via the traditional route.  You query an agent, the agent “sells” the book to a publisher, you sign an… Read more »

Infringement, Fair Use, and Derivative Works

As writers, we’re often inspired by work from artists who have come before us.  One question that often comes up is whether we can use some piece of another artist’s work in our own work.  The answer is: it’s complicated.  There are three things you have  to consider when using part of someone else’s work… Read more »

How to Find Your Unique Ideas

Here’s the ugly truth: No writer exists in a void. All writing is influenced by what has come before. There is no such thing as being utterly, completely unique because all writing exists within a context. In a world that’s always screaming for the Next New Thing, how do we writers reconcile that with the… Read more »

What is Copyright and What Does it Do?

There are four main areas in Intellectual Property (IP) law: patents, copyrights, tradmarks and trade secrets.  Each of these areas protects a different type of intellectual property. Patents: Protect an invention by preventing others from copying a specific mechanism or process. Copyrights: Protect artistic expression by preventing others from copying the substance of an artistic… Read more »