
< back
to full column list
< back
to academic authors column list
< back
to textbook authors column list
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.
|