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Seven Recommended Books on Publishing Law
By John McHugh

Opinion of
JOHN MCHUGH

McHugh is a publishing management consultant and author on back contract

5747 North Ames
Glendale WI 53209

Phone:
(414) 351-3056


Each of these books should be part of your professional publishing library.

This column was adapted from Book Publishing Contracts: An Introduction, 1996, by John B. McHugh.

© 1996, John B. McHugh. All rights reserved.

As an author, a working knowledge of book contracts is essential to succeed. For a working knowledge of publishing law and book contracts, I recommend seven books. Each should be part of your professional publishing library. I have read and evaluated each book and share my evaluation with you.

Richard Balkin. A Writer's Guide to Contract Negotiations Cincinnati: Writer's Digest Books, 1985. Don't let the publication date fool you. This book is still vital and contemporary. The author is an agent with an understandable pro-author bias. Gem-packed with valuable information. Balkin minutely analyzes the implications of each and every book clause for both author and publisher. Balkin discusses contracts for professional, technical, educational and trade books.

Brad Bunnin and Peter Beren. The Writer's Legal Companion. Reading, Massachusetts, Addison Wesley, 1988. This is a solid conceptual treatment of all publishing law including contracts. Co-author Bunnin is a publishing lawyer. You will find a pro-author tilt.

Tad Crawford. Business and Legal Forms for Authors and Self-Publishers. New York: Allworth, 1990. Publisher Crawford, who is also a lawyer, has compiled a treasure-trove of contracts not only for authors but also contracts a publisher can use with book designers, printers, sales representatives, book distributors, and others. Crawford provides commentary on each legal form and sound practical advice. The book has some pro-author bias.

Stephen Fishman. The Copyright Handbook: How to Protect and Use Written Works, second edition. Berkeley, California: Nolo Press, 1994. If you have only one authoritative book on copyright, this is the one. Attorney Fishman discusses every conceivable aspect of copyright. All of the necessary copyright forms are included with advice on completing copyright paperwork. Fishman writes from the perspective of the copyright owner.

Jonatham Kirsch. Handbook of Publishing Law. Los Angeles: Acrobat Books, 1995. Lawyer Kirsch provides 96 pages on book contracts. He discusses everything about the subject and more. Every possible legal implication is discussed. Kirsch views the contract from the perspective of both author and publisher. Heavy emphasis on subsidiary rights and trade book contracts, which reflects his location -- Los Angeles and Hollywood. The Kirsch book is an outstanding survey of publishing law.

Mark Levine. Negotiating a Book Contract: A Guide for Authors, Agents and Lawyers, third edition. Wakefield, Rhode Island: Moyer Bell, 1988. The excellent little book has a pro-author bias with an adversarial edge against the publisher. If you deal regularly with agents and lawyers representing authors, you will gain many insights as to what the other party is thinking as you negotiate.

National Writers Union. Guide to Freelance Rates and Standard Practice. New York, 1995. (Distributed by Writer's Digest Books) A pro-author bias dominates this book. It contains 39 pages on book contracts, and provides valuable insights into the author's perspective on contracts and a wide variety of publishing matters

I also recommend my Managing Book Acquisitions: An Introduction, (Milwaukee: McHugh Consulting, 1995). As an experienced publisher who has actually acquired and published books, I emphasize the how-to. This book was written as a companion volume for McHugh's Book Publishing Contracts.

Since publishing law is dynamic and some aspects vary from state to state, these books are not a substitute for consulting a qualified intellectual property or publishing lawyer. However, these publications will prepare you to meet with a lawyer and may save you money on fees.

Most of these books are written by intellectual property lawyers for the author. Although pro-author, these books are also excellent resources for publishers. All are written for the layman.


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