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5 Issues Authors Run Into That Require Legal Support
5 Issues Authors Run Into That Require Legal Support
However, as liberal as this profession may seem, it still has to play by the rules.
Writers can sometimes find themselves in need of legal support if they are not
aware of the industry’s general do’s and don’ts.
2. Trademark Infringement
Trademark infringement may unintentionally cause you to need legal support. It is
the unauthorized use of a trademark or brand in connection to something which
may cause confusion.
Have you ever told someone to “just Google” a random fact, or “use a Kleenex” to
blow their nose? This may be fine for casual conversation, but it is a perfect
example of trade infringement.
If you are ever writing about a real-life situation in which someone was using a
brand, try to create a fictional alternative to avoid needing legal support.
3. Privacy Rights
Another thing to be cautious about when relating true stories is the respect for
privacy protection.
The United States has specific rights about disclosing another person’s private
information like medical or financial situations. Also, consider personal matters
which may be considered sensitive or embarrassing.
Ask yourself if you were the subject how it would feel to have your private
business told to the world, and when in doubt, seek counsel before publishing.
4. Contract Challenges
When working with a publisher, always double check the contract negotiations and
rights.
Are you signing away film and television rights? How much control will you have
in the editing process before the final draft is confirmed?
The best way to avoid needing legal support is to have a consistent, open line of
communication with publishers.
The best way to protect your writing is to register your copyright. This may require
some legal funding, but it is well worth the investment; it’s like insurance for your
work.
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