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  • The Ins & Outs of Self-Publishing – Part Three

    This
    is Part Three of a five-part series summarizing my remarks in a panel
    discussion on the “Ins and Outs of Self-Publishing” sponsored by the Washington, DC
    chapter of the Women’s National Book Association.      In
    Parts One and Two of this series, I discussed using a traditional publisher and
    self-publishing using print-on-demand (POD) printing. In this Part Three, I discuss publishing via
    vanity or subsidy press.

    Vanity and Subsidy Presses

    When
    preparing my remarks and hand-out for the panel, I asked some self-publishers
    and small publishers for feedback.  Feedback is what I asked for and feedback is
    certainly what I got! One publisher
    asked me why I would sully the name of self-publishing by including a
    discussion of vanity and subsidy presses so prominently in my remarks.

    I believe that in
    today’s world it is narrow-minded to dismiss completely subsidy presses as a
    means of self-publishing. The negative
    view of vanity and subsidy publishing is grounded in bad behavior by some
    companies who preyed on the hopes and dreams of aspiring authors.
     

    (more…)

  • The Ins & Outs of Self-Publishing – Part Two

    This
    is Part Two in a five-part series summarizing my remarks in the “Ins and Outs
    of Self-Publishing” panel discussion sponsored by the Washington, DC chapter of the Women’s National Book Association.

    During the panel, I offered an overview of
    how an aspiring author might get her book published. In Part One of this series, I discussed using
    a traditional publisher and began a definition of what it means to
    self-publish. I noted that there is
    debate over the definition of “self-publish” and listed three methods of
    self-publishing:

    • Using
      Print-on-Demand Printing
    • Publishing via
      Vanity or Subsidy Press
    • Working Directly
      with Wholesalers and Distributors


    Using
    Print-On-Demand (POD) Printing

    Print-on-Demand printing, or POD for short,
    is a method of printing by which you print one book at a time. In other words, you do not have to print a
    book until you generate a sale for the book.

    (more…)

  • The Ins & Outs of Self-Publishing – Part One

    I
    recently participated in a panel discussion on the “Ins and Outs of Self-Publishing”
    sponsored by the  Washington, DC chapter of the Women’s National Book Association.      In
    an overview of how an aspiring author might get her book published, I discussed
    both traditional publishing and self-publishing.      This is the first posting of a five-part
    series in which I’ll offer a summary of my comments.

    Publishing Through a Traditional Publisher

    An aspiring author can publish a book by
    entering into a book publishing contract with a traditional publishing company.
    Traditional publishing companies include large houses like Random House and
    Simon & Schuster, small presses, and micro presses that might publish only
    one or two books per year.

    (more…)

  • Going Digital

    A Guide Through the Legal Jungle Trivia Question

    Digital
    downloads are progressively replacing CDs as the preferred method for the
    purchase of music. Apple’s iTunes, which has sold more than one billion
    downloads, is clearly the dominant vendor. Yet, there are many other services that sell music downloads. Can you identify which one of the following
    services does NOT sell digital music downloads.

     
    A. Yahoo
    B. TiVo
    C. Rhapsody
    D. Walmart

    (more…)

  • Protecting Fonts

    A client wanted to
    use a distinctive font for a company logo and asked whether the font was
    copyrightable and whether use of the font in the company logo was
    permissible. It sounds like a simple
    question but it quickly got complicated.

    While fonts themselves
    are not copyrightable, the software that generates fonts and typefaces can be
    copyrightable. This is the rule of law
    for the United States only.  Fonts may be copyrightable under the laws of other countries.

    I quickly concluded
    that the relevant question for my client was one of “licensing.

    (more…)

  • Recording Industry’s $222,000 Copyright Infringement Verdict against Jamie Thomas

    Jamie Thomas is the
    single mother of two who lost a copyright infringement lawsuit earlier this
    month to the music industry. The $222,000
    damage award represents $9,250 for each of 24 recordings Ms. Thomas allegedly
    placed on Kazaa, a peer-to-peer file sharing network on which millions of users
    exchange unauthorized copies of recordings.

    Ms. Thomas plans to
    appeal the judgment based on the argument that merely placing the recordings on
    Kazaa and making them available for download is insufficient for copyright
    infringement liability. She will argue
    that in order to win the lawsuit, the music industry should have been obligated
    to prove her actions resulted in a distribution of those recordings which would
    only occur if people actually downloaded the recordings placed on the network.
    There are legal arguments on both sides and it will be interesting to see how the
    appeals court rules on the question of whether “making available” is equivalent
    to “distribution”.

    There are other
    elements of this case that intrigue me.

    (more…)

  • Kaching!

    A Guide Through the Legal
    Jungle Trivia Question

    Successful songwriters generate hundreds of
    thousands and sometimes millions of dollars by licensing their songs for
    various uses. Several organizations assist songwriters by issuing licenses to
    and collecting the corresponding revenue from those who want to use the
    songwriters’ material. Which one of the following organizations does NOT assist
    songwriters in collecting song revenue. 

    1. ASCAP
    2. BMI
    3. Harry Fox
    4. SOCAN
    5. SoundExchange

    (more…)

  • Evaluating Risk of Using Copyrighted Works Without Permission

    There
    is sometimes legal justification for using someone else’€™s copyrighted or other
    protected material with­out permission. Nevertheless, there is always some
    level of risk when you use someone else’s material without permission. While the
    risk may be minimal, it is never zero. Your claim that your use is protected by
    copyright fair use or by the First Amendment is not a guarantee that your unauthorized use will not trigger legal action from the
    rights owner.

    That’€™s why the decision of whether to use a particular copyrighted
    work without permission often revolves around a risk assessment. You must decide whether or not you can and want to accept the risk. Here are some of the questions I ask when conducting such a risk assessment:

    (more…)

  • Introduction

    Let me introduce myself. My name
    is Joy Butler. I’m an attorney
    practicing in the areas of entertainment, copyright, trademark, and business
    law.

    After hearing all the talk, talk, talk about the benefits and thrills of
    blogging, I am finally taking the plunge and diving head first into the
    blogosphere. My blog purpose is to
    inform and to foster discussion about the entertainment and media businesses. I’ll offer commentary on recent trends and
    developments, practical tips for those working in media, and even some
    trivia. I hope you’ll drop by often and
    occasionally offer feedback and comments.

  • Legal Notices and Disclaimer

    DISCLAIMER
    The material on this blog is offered for
    educational and informational purposes only, and should not be relied on as
    legal advice. Nothing on this blog constitutes the establishment of an
    attorney-client relationship with the reader. Neither Joy Butler nor any
    contributor to this blog will be responsible for any action or failure to act
    in reliance upon information posted here.


    COPYRIGHTS
    All content included on this blog is protected by
    United States and international copyright laws.

    a) Permissible Uses of Copyrighted Material. You may download a
    single copy of any portion of the content for your personal, non-commercial
    entertainment, information or use. Members of the media may use brief
    quotations from the content provided that the respective author is credited.

    b) Prohibited Uses of Copyrighted Material. All other uses of the
    content on this blog are prohibited without the written consent of the owner.
    Prohibited uses include, but are not limited to, the reproduction, sale,
    publication, distribution, modification, display, reposting or framing of any
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