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Negotiating Key Points in Literary Agent-Author Relationships
Several of the same concepts that are in agreements between performing artists and managers also apply to agreements between authors and literary representatives. Although literary representatives do not seek employment for their author clients, they frequently are referred to as agents, as we will here.
The Agency Clause
Not all literary agents enter into separate written agreements with authors. Instead, agents often wait for preparation of the publishing agreement. It will contain a provision (the agency clause) specifying at a minimum that the agent (or agency) is empowered to act on behalf of the author in all matters arising out of the agreement, to receive all payments due under the agreement, and to deduct its commission before sending the balance to the author. Although agents are not parties to publishing agreements, publishers ordinarily do not object to the practice of inserting an agency clause in the agreement.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.