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When I started my Indie career, I realized one of my most useful skills was my experience with Internet marketing. But I constantly wished I was experienced in legal matters, too. Which is why I was so excited to meet Lucy Taylor, a legal expert at LY Lawyers. Luckily for us, Lucy is also an avid blogger who enjoys sharing her tips and suggestions with her online readers. Lucy often helps people dealing with legal problems, addictions, and crime. Today, Lucy will share with us some useful tips for writers.
7 Most Useful Legal Tips for Writers
Whether you’re writing a blog post or the next great novel, there’s a responsibility that comes with publishing any creative work. Many people don’t realize it, but there’s quite a bit of legal navigation that comes with being a writer, both in protecting your own work and respecting the rights of others. Here are 7 useful tips that all writers should consider when they begin a writing career.
Contracts
Signing contracts was probably the last thing on your mind when you began a writing career. However, they are critically important, both when ghost-writing for someone else or with editors and publishers of your own work. A good contract will clearly delineate the responsibilities of both parties, as well as what the expectations are for services provided and terms of payment. Don’t rely on verbal assurances; always get your contracts in writing.
Plagiarism Checkers
Depending on the work that you do, you may end up in a situation where you need to reference the works of others. There are very specific guidelines about what you can and cannot quote, and how to appropriately give credit to the original author. There is quite a bit of leniency given to academic works, where previous peer-reviewed papers are built upon, but other than that, you should always run your text through a plagiarism checker, just to be sure.
Pay Attention to Copyrights (music and graphics)
In addition to written works, it’s also important to pay attention to other artist’s copyrights. This is particularly important when it comes to things like song lyrics and titles, and also finding cover art. In many cases, it’s not only important that you appropriately credit the original artist. Sometimes, an artist will want you to seek permission to even reference their work. This can also apply to referencing other books and written works in a work of fiction.
Brand Names and Trademarks
Having your characters grab a candy bar or soft drink is a great way to add detail and make their everyday actions more believable. In most cases, there’s no problem with this, but there are a few ways that you can use brand names that can get you into legal trouble. One of the biggest problems can come from accidentally defaming a company, even as a joke. In cases where there might be a question, you should always err on the side of caution and make up a fictional brand.
Beware of Libel
It’s not just companies that you have to worry about. If you’re writing non-fiction, like a memoir, you can end up on the wrong side of a lawsuit if you don’t choose your words carefully. There are many ways in which you can accidentally or unintentionally defame an individual or group.
Media Liability Insurance
Media liability insurance offers authors and publishers protection in the event that someone does bring a legal suit against you for defamation, invasion of privacy, or misappropriation. These policies are not too expensive and can provide significant coverage in the event that you are found liable for one of these offenses, whether intentionally or not.
Consult an Attorney
If at any point in time you have a question about the legality of your writing, you can always consult with a lawyer about your project. Literary lawyers specialize in understanding the legalities of publishing, and it’s a good idea to establish a relationship with an attorney if your content may be called into question.
Understanding the legalities of writing and publishing will help you to avoid making mistakes that can cost you. Don’t let it stop you from writing though — just make sure you hire an experienced editor who can help you work out these details.
M. L. Kappa said:
Very useful, thanks 🌹
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Nicholas C. Rossis said:
So glad you found it useful! Thank you 🙂
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kimwrtr said:
Reblogged this on Kim's Author Support Blog.
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Stevie Turner said:
Reblogged this on Stevie Turner and commented:
Thanks to legal expert Lucy Taylor, guest on Nicholas C. Rossis’ blog, for these 7 legal tips for authors.
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jenanita01 said:
Good to know, so thanks for the heads up!
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Nicholas C. Rossis said:
A pleasure! It’s just one those things you don’t really think about before becoming a writer, but that turn out to be quite useful.
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Charles Yallowitz said:
Reblogged this on Legends of Windemere.
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wellcolourmeyellow said:
Wow, I wasn’t aware of all this. Came from Stevie’ blog. Following you, yours posts are beyond helpful!
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Nicholas C. Rossis said:
Thank you so much-and welcome 🙂
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wellcolourmeyellow said:
No worries at all, looking forward to more from you!
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The Story Reading Ape said:
Reblogged this on Chris The Story Reading Ape's Blog.
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V.M.Sang said:
This is just the sort of thing all writers should know. I knew some of them, but not all. Thank you for opening up my eyes.
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Nicholas C. Rossis said:
A pleasure! I’m so glad you found it useful 🙂
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The Owl Lady said:
Reblogged this on Viv Drewa – The Owl Lady.
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Deborah Jay said:
Reblogged this on deborahjay and commented:
A really useful post for writers
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Patty said:
Reblogged this on Campbells World.
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K. D. Dowdall said:
Thank you Nicholas, for giving us this very valuable information. I immediately went to the Media Insurance blog and joined. Thank you for sharing!
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Nicholas C. Rossis said:
A pleasure! Thank you for reading 🙂
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davidjrogersftw said:
Thank you for this. I’ve been seriously plagiarized more then once–passages of 300 or more words taken out verbatim without my permission. Once a writer stole a whole book from me. How does one go about getting restitution?
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Nicholas C. Rossis said:
Ouch! Without knowing the specifics, I can’t answer that, but you may want to consult a lawyer on this!
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harmonykent said:
Thanks for a useful and informative post, Nicholas and Tracy! I have linked to this on my Week in Review post due out this coming Friday (harmonykent.co.uk). Have a great week. 🙂
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Nicholas C. Rossis said:
Thank you so much for sharing, Harmony! You too 😀
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Anna Dobritt said:
Reblogged this on Anna Dobritt — Author.
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Jacqui Murray said:
Good suggestions. I do have a copyright attorney on speed dial as I have so many books that rely on pictures. It has allowed me to sleep at night.
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Nicholas C. Rossis said:
Good move!
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aurorajeanalexander said:
Reblogged this on Writer's Treasure Chest and commented:
Nicholas Rossis provides us with 7 useful legal tips for writers. Thank you very much Nicholas!
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dgkaye said:
Excellent information. And as a nonfiction/memoir writer I do have media insurance. It hurts to pay, but would hurt lots more if something ever came up. 🙂
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Nicholas C. Rossis said:
Wise move!
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dgkaye said:
🙂
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thereluctantpoet said:
Reblogged this on The Reluctant Poet.
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Marje @ Kyrosmagica said:
Useful tips Nicholas. Thank you for sharing will pop it over on my FB club. #ABRSC,
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Nicholas C. Rossis said:
Yay! Thank you for sharing 🙂
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Marje @ Kyrosmagica said:
You’re welcome Nicholas. 🙂
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GJ Stevens said:
Very useful, thanks
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Nicholas C. Rossis said:
Thank you, GJ 🙂
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jurisprudencetoday said:
Very useful, thank you!
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Nicholas C. Rossis said:
Thank you, so glad to hear that 😀
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Reanna Field said:
I’ve thought about the contracts a bit. I also thought about getting a lawyer if I ever follow through with my story idea. My thinking is a good lawyer can help me get First Rights (meaning I get to keep my characters.)
I told my mom, and she said it would be a bad idea because a lawyer might intimidate the publishing company.
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Nicholas C. Rossis said:
Publishers are professionals, so I don’t think that would be an issue. But you can also register your books with the Library of Congress so that it’s clear you hold the rights to them. It costs some $25 per book, so it won’t break the bank.
Also, you don’t have to let the lawyer talk to them if you don’t want them to. When I signed with my publishers, I did the talking myself but always gave the contracts to my lawyer to look at. I followed his suggestions and ended up with a much better contract than I would have got otherwise.
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Reanna Field said:
Okay.
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