Publishing And Digital And Electronic Rights

February 11, 2021 by No Comments

The following article on the publishing industry discusses some of the legal issues that arise when publishing for lawyers, entertainment lawyers, writers, and others because of the prevalence of e-mail, the Internet, and the Internet. The so-called “digital edition” and “electronic.” As usual, publishing law in general and digital law and electronic law in particular, which apply to this commercial activity, have gradually caught up with the activity itself. However, most of the grey areas of the publishing industry can be solved by imposing old logical interpretations on new entertainment publishers and lawyers, including, among other things, digital law and electronic law. And if after reading this article you think that you do not have a jargonist view of the distinction between “digital law” and “electronic law” in the context of publication, then I would like to hear from you and read your article. .

  1. “Electronic rights” and “digital rights” are not defined independently.

All publishing lawyers, lawyers in the entertainment industry, authors and others should be very careful with the use of jargon – publishing jargon, etc. PV Electronic and digital publications – a recent phenomenon. Although as a lawyer for publishing and entertainment, and unlike others, I use the phrase “electronic law” or even “digital law” in the singular, there is probably no consensus without ambiguity in what constitutes the only “electronic law” or “digital law”. . “The publishing, media or entertainment industry did not have enough time to fully crystallize the exact and complete definitions of terms such as ‘e-publishing’, web publishing, electronic rights, electronic rights.” Digital rights “or “first electronic rights.”

Therefore, these proposals are usually simply assumed or, worse, simply invented. Anyone who considers these phrases self-determined is wrong.

Accordingly, any person, including a lawyer-publisher or assistant lawyer representing a book publisher, or an entertainment lawyer representing a studio or producer, who says that the author should do – or not do – something in the realm of ‘electronic law’ or ‘digital law’. because it was an “industry standard” and should be automatically treated with suspicion and scepticism.

The fact is that now is a great time for writers, writers and entertainment advocates, and they should seize the moment. The fact that the “industry standards” of e-digital law have not yet crystallized completely (if they ever are) means that authors and publishers, lawyers, authors and lawyers can benefit from this historic moment. .

Of course, authors can also be used, especially those who are not represented by a lawyer in the publishing or entertainment industry. What happened long before the advent of electronic and digital law has a long and sad history. This has probably happened since the Gutenberg press.

Each author must be represented by a publishing lawyer, entertainment lawyer or other lawyer before signing any publishing or other agreement, provided that their own economic resources allow it. (But I have to admit, I’m biased on this issue). Part of the role of a publishing lawyer and an entertainment lawyer in the author’s presentation is to examine the various parts that make up the electronic law or digital law. This should be done with updated references to modern technology. If your EA is more like a family member with a Smith-Corona typewriter or a Commodore with a PET cartridge rather than an entertainment or publishing lawyer, it may be time to find a new consultant.

Even writers who cannot afford to hire an entertainment lawyer or lawyer should avoid written consent to provide large contractual grants to publishers of electronic “publications” – or electronic “laws” or “digital laws.” Instead, use the words “Tears for Fear” to the author and counselor to “go their separate ways again.”

Before granting anyone “digital right: either “electronic law” or any part of it, the author and his publishing and entertainment lawyer must list all possible and numerous electronic means by which written work can be distributed, used or otherwise used. digitally or electronically. Note that the list of authors is likely to change from month to month due to the rapid development of technology. For example, these types of issues may be considered by the author, publisher, and entertainment lawyer:

E-digital publishing and entertainment lawyer Question No. 1 To the Author: Can I publish the work in full or in part on the Internet? As part of an electronic magazine? Another? If so, how? What’s the purpose? Free for the reader? Against paying the reader?

E-digital publishing and entertainment lawyer Question No. 2 to the author: Is it possible to distribute work through private mailing lists or mailing lists? Free for the reader? Against paying the reader?

Electronic Digital Law Issue 3 from a Publishing Lawyer/Entertainment Industry Author: Can a work be distributed to a CD-ROM? Who? How and in what context?

Electronic Digital Law Question 4, from a publishing/entertainment lawyer to the Author: To what extent does the author himself wish to publish this work himself, before or after granting the right to electronic or individual electronic publication Will such an independent publication place on the author’s website or through it?

Question 5 on electronic digital law from the Advocate of Publications / Advocate of Entertainment to the author: Even if the author is not engaged in independent editing, to what extent does the author wish to use and distribute these texts to write his own account? portfolio, advertising or self-promotion, and perhaps distribute the same letter (or their snippets) electronically? Should this be seen as a violation or as a contradiction to electronic law, otherwise established contractually and collectively?

The author should therefore independently examine these types of electronic and digital rights requests before responding to the author’s lawyer in the field of publications or entertainment and then enter into each agreement. Only by doing so, the author will be able to avoid the pitfalls and dangers associated with the use of jargon and trust someone else to dictate which electronic or digital law is “standard”. As the publication’s lawyer and entertainment lawyer should believe: “There is no such thing as an “industry standard” in the context of a bilateral contract. The only standard that should bother you as an ‘author’ is the known motivational standard. like, ‘If you don’t ask, you won’t understand.'”

Finally, the author should be aware that, while electronic law, digital law and its components can be directly granted, they can also be directly reserved for the author by simply tapping or pressing the key of the lawyer or entertainment advocate. For example, if the author wishes to explicitly reserve the “portfolio applications” specified in question No. 5 on the right to electronic digital rights, the author must ask his publishing or entertainment lawyer to clearly disclose this clause in the author’s portfolio electronically/digitally. in the contract and leave nothing to chance. In addition, if the author has some bargaining power, the author, through an outstanding lawyer or entertainment lawyer, can discuss the ‘insurance net’ and ‘protective clause’ which includes the following words: ‘All Rights expressly not granted to the publisher, electronically or digitally, or otherwise reserved for the author for its exclusive use and benefit. Thus, the “standard clause” of the contract may automatically include unauthorized rights, including electronic or digital rights for later use by the author. This method of compiling, used by publishers’ lawyers and entertainment lawyers, probably saved the rich in the past.

  1. As we speak, publishers and entertainment companies are reviewing their standard agreements to protect electronic rights.

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