attorney who represents authors

by Wellington Schamberger 5 min read

What do you mean by “literary lawyer?” This means an attorney whose area of practice is or includes the publishing industry, and who regularly represents writers in contractual negotiations and in legal matters/problems in their writing careers.

Who is literary lawyer?

 · AXIS Legal Counsel assists clients in the book publishing business and focuses on providing comprehensive counseling to our clients, including entertainment clients in the publishing industry. Whether it involves the representation of writers, authors, poets, novelists, nonfiction authors, e-publishing outlets, publishers, distributors, or others, Axis’ practice …

What kind of attorney do I need to represent a writer?

If you want a top publishing lawyer on your side, call California Publishing Attorney Sebastian Gibson at (760) 776-1810. Agency Contracts. For those authors who still strive to find an agent to represent them in finding a home for their manuscript, agent agreements, when offered, greatly tend to favor the side of the agent in most respects.

What does a publishing attorney do?

 · Louis Auchincloss. The late Louis Auchincloss was a celebrated lawyer, novelist, historian, and essayist. Although he published more than sixty pieces of fiction, biography, and literary fiction, he was most well known for his novels …

Do I need a lawyer to negotiate a literary agent?

Attorneys Rated by Super Lawyers® Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations. The number provided represents the ...

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What kind of lawyer does an author need?

Literary lawyers or literary attorneys serve authors in a different capacity than literary agents, a strictly legal one. In other words, literary lawyers or literary attorneys don't advise their clients about their writing, nor do they try to get them book deals.

Do you need a lawyer when publishing a book?

Book Publishing Contracts: Why You Need a Lawyer The reality is, my prospective publisher—like all publishers—drafted the agreement with an eye toward minimizing the publisher's risk, as it should. Publishers write contracts to minimize THEIR risk, not yours. That's why all authors need a lawyer.

What is an author representative?

Author Representative means an elected Member or an employee of an Author Organisation; Sample 1.

Can you be a lawyer and an author?

It is possible to be both a good lawyer and a good writer. That's my current goal, and as the list of successful lawyer/writers is long and growing, I know it's attainable with a lot of effort.

What do literary lawyers do?

What do you mean by “literary lawyer?” This means an attorney whose area of practice is or includes the publishing industry, and who regularly represents writers in contractual negotiations and in legal matters/problems in their writing careers. Like many other forms of business, the publishing world is specialized.

What is the book called in which laws are published?

Explanation:The constitution is a book that lays down the basic principles and ideals that NEEDS to be followed by all citizens of a country in order to ensure key features of a democratic nation /democracy.

Is it worth getting a literary agent?

Literary agents are invaluable in a traditional publishing scenario. It is much, much harder to get an editor to look at your book proposal or manuscript if you don't have a literary agent. Plus, book agents perform a number of valuable functions besides sales.

How much does it cost to hire a literary agent?

Agents generally are paid a fee of between 10 and 20 percent of sales that they help negotiate on behalf of the writer they represent.

Who is the best literary agent for new authors?

Best Literary Agents for New Writers | 25 Top Book Agents for First-Time Authors and Debut AuthorsMarly Rusoff (Marly Rusoff & Associates)Jenny Bent (The Bent Agency)Susan Golomb (Writers House)Dorian Karchmar (William Morris Endeavor)Daniel Lazar (Writers House)Bill Clegg (The Clegg Agency)More items...

Why do so many lawyers become writers?

Both require deep knowledge of events and people, as well as the ability to communicate that knowledge to others in a compelling way. With all of their training in research and careers full of interesting stories, it's no wonder many lawyers long to write fiction. They have the skills necessary to do so.

Can lawyers write books?

If you commit to write a book, you have to be true to the publisher and true to the contract and take the time that's needed. Very few practicing lawyers get and execute book deals. Most of the lawyers who write books are book writers. They're not full-time practitioners.

Do lawyers make good authors?

–– which is the key to smart writing,” said Thomas. “Also, more broadly, the really good lawyers are great storytellers; certainly, trial lawyers are great storytellers. They're spinning a tale to convince a jury and that is a wonderful aptitude to hone. Those two qualities should well suit any writer.”

Who do authors work with?

Maybe you’re working with, or planning to work with, one or more collaborators on a book. Sometimes authors work with co-authors, ghostwriters, illustrators, etc. It’s always wise to put your understanding of all parties’ obligations and responsibilities in writing. You’re less likely to have confusion or disagreements that way. And, of course, if you’re already having a disagreement or dispute, a literary lawyer or literary attorney might be able to calm things down and clear things up.

What is entertainment lawyer?

Entertainment lawyers or entertainment attorneys serve authors and other types of talent such as actors and actresses in a similar capacity to literary lawyers and literary attorneys. The main difference is they’re not focused solely on writers.

Can authors use a different name?

Authors often get attached (too attached) to a name they want to use for a book title or series, or some other name. As a result, they sometimes spend a lot of time and money buying domain names and trademarks, etc. and then their publisher wants them to use a different name. That’s why it can be best to wait and see what happens with your publisher first.

Is an attorney a lawyer?

The definitions vary a bit by location, but they overlap a lot. Basically, all attorneys are lawyers but not all lawyers are attorneys. If you want to know more about that topic, just Google “The difference between lawyers and attorneys.”.

What would happen if the agent hadn't shopped his book?

And, if the agent hadn’t yet shopped his book around to publishers, the author would have possibly been able to get another agent. In that sense, I perceived the lack of communication from the agent as potentially damaging the author’s prospects and literary career.

How to help a publisher who did something wrong?

If you’re in this situation, read the fine print of your contract before you contact them. And, if you feel the need, hire a literary attorney or literary lawyer to help you. And, if it’s a more complicated scenario in which you believe the publisher did something seriously wrong, consider speaking with them first to see if you can make it right and work it out. Sometimes disagreements and misunderstandings can be cleared up more easily than expected with kind communication and a concerted effort to do so.

Do agents tell the author about the legal fee?

If that happens, the agent will usually tell the author about it in advance because the legal fee will usually have to be paid by the author ( out of pocket or deducted from the author’s royalties). You’ll likely see language about this scenario in your author/agent agreement. 3.

Who is the publishing attorney in California?

If you want a top publishing lawyer on your side, call California Publishing Attorney Sebastian Gibson at (760) 776-1810.

Who is the literary rights attorney in California?

If you need a literary rights lawyer and publishing rights attorney in California, the U.S. or internationally, call California Publishing Attorney Sebastian Gibson at (760) 776-1810.

Is it expensive to retain a literary attorney?

The cost of retaining a literary attorney or a Califor nia publishing attorney to review and explain a publishing contract, while not inexpensive with current attorney rates, it is still an expense which should be considered. The author who years later may be stuck in a relationship with a nearly bankrupt publishing house or an agent on the downside of their career may regret their choice to save money by not retaining a lawyer to protect their interests.

Do agents have to be trained as lawyers?

While agents have the knowledge they’ve gained during their tenure, they have not been trained as a lawyer has to look for pitfalls that may result when the language of a contract is either vague or favors the large entity over the first-time author with stars in their eyes.

Do authors get royalties from self published books?

These contracts can be extremely restrictive, such that many authors today who have self-published and received much higher royalties from the sale of their books are the envy of authors still stuck with publishing contracts they signed years ago with traditional publishers requiring them to stay with their publishers for their next few books.

Why are publishing contracts one sided?

Publishing contracts are equally one-sided and written to protect the publisher’s profits while limiting the amount of any advance, the author’s royalties and the costs to be expended by the publisher for book publicity efforts on behalf of the writer.

Who is the best lawyer for literary rights in California?

When you need the best California literary rights lawyer for your books and manuscripts, consider California Publishing Attorney Sebastian Gibson. With offices in Palm Desert and Newport Beach, California Publishing Attorney Sebastian Gibson can assist you with your literary rights in the Coachella Valley, Orange County and throughout California, the U.S. and internationally.

Who is Louis Auchincloss?

Louis Auchincloss. The late Louis Auchincloss was a celebrated lawyer, novelist, historian, and essayist. Although he published more than sixty pieces of fiction, biography, and literary fiction, he was most well known for his novels depicting the elite lifestyle of upper Manhattanites.

Who is Perry Mason?

Counselor Gardner found the legal world rather boring, so he created an alter-ego, Perry Mason, to entertain himself. The character first appeared in pulp magazines and went on to enjoy a starring role in 80+ novels penned by Gardner and also became a long-running TV series. Scott Turow.

What was Auchincloss' most famous work?

Some of his most popular works were The House of Five Talents, Portrait in Brownstone, and East Side Story. John Buchan.

Who is Richard North Patterson?

Richard North Patterson. After retiring from a successful career as a lawyer in 1993, Richard North Patterson decided to try his hand at writing fiction. His first novel, The Lasko Tangent, won an Edgar Allen Poe Award, and two of his novels, Degree of Guilt and Eyes of a Child became an NBC Mini Series.

Who is Wallace Stevens?

Wallace Stevens. Tired of the thrillers and courtroom dramas? Perhaps some of Wallace Stevens’s poetry will be a satisfying change of pace. After graduating from New York Law School in 1903, he practiced law for more than a decade before switching to the insurance industry. Throughout his life, he published poetry in magazines, as well as in book form, including Harmonium, Ideas of Order, and The Man With a Blue Guitar.

Who is Meg Gardiner?

Meg Gardiner. Here is a lawyer turned author with a story of her own. After graduating from Stanford Law School, Meg Gardiner worked as a lawyer in LA, taught writing at UC Santa Barbara, and is a three-time Jeopardy! champion.

Who wrote the Horace Rumpole series?

John Mortimer. If you like the British perspective (read: dry wit and sarcasm), you’ll enjoy the Horace Rumpole series, penned by Barrister, John Mortimer. One of Mortimer’s most famous, real-life cases involved defending Virgin Records for using the words, “Bollocks” on the title of a Sex Pistols album. Meg Gardiner.

What can a publisher attorney do?

An experienced publisher attorney can provide advice on any and all publishing legal matters, but it is important to find one who understands the laws of the jurisdiction in which you are publishing. If you have publishing legal questions, contact a publisher attorney in your area today.

What is a publisher?

Historically, publishers have been people that distribute, or make public, written and visual works of others. Over time, this group of people has grown to include those that have also produced the work, and are now self-publishing. As a publisher, you can face any number of different legal disputes. If you are being accused of any legal issue that involves your career as a publisher, consult the legal counsel of publishers' attorneys today.

Why do you need to protect your own ideas when publishing?

In addition, if you are publishing other peoples’ material, you need protection in the case that the author does not have legal right to the information provided. An experienced publisher attorney will understand the intricacies of these areas and can help you better understand the charges brought against you.

Can a publisher be accused of a legal issue?

As a publisher, you can face any number of different legal disputes. If you are being accused of any legal issue that involves your career as a publisher, consult the legal counsel of publishers' attorneys today.

What is a publishing attorney?

A publishing attorney can guide you through the publishing process and advocate on your behalf, getting you the strongest deal terms and protecting your rights as an author. Author services include:

Who is Melissa Nasson?

Melissa Nasson founded Literary Lawyer to combine her diverse legal and publishing background with her desire to provide expert consultation, legal review, and negotiation services to agents, authors, and publishers. Melissa brings the unique experience of working on both sides of the publishing negotiation table. As Contracts Director at a Boston book publisher, Melissa has negotiated hundreds of publishing contracts since 2013, along with permissions agreements, translation licenses, film options, audio licenses, and more. She also has extensive drafting experience, with a focus on balancing thoroughness with clarity and brevity.

What does "literary lawyer" mean?

This means an attorney whose area of practice is or includes the publishing industry, and who regularly represents writers in contractual negotiations and in legal matters/problems in their writing careers. Like many other forms of business, the publishing world is specialized.

What is the role of an attorney?

Also, keep in mind that a lawyer’s role is limited and specific. An attorney doesn’t market and sell your work, advise you about the marketplace, or strategize your next career move with you; he advises you about legal matters.

How does a lawyer work?

A lawyer works on the basis of hourly fees, rather than a commission on your earnings ( a commission is how an agent works). You will be billed for any time the lawyer spends working on your behalf, and the bill you receive should itemize how the time was spent. The lawyer should clarify with you up front what his/her fees are, ...

Do literary agents negotiate contracts?

In terms of negotiating publishing contracts, a lawyer has years of specialized education and professional practice in contracts, legal language, the laws that apply to contractual agreements, and contractual negotiations. But unless your agent also happens to be an attorney, none of that is true of a literary agent. Many agents are not skilled at negotiating legal documents and don’t fully understand the complex and legally binding clauses they’re advising their clients to sign with large corporations. Again, the companies you’re negotiating with have legal departments advising them, so how does it make any sense for you not to have an attorney advising you?

Do you need a lawyer before signing an agency agreement?

So I would always recommend retaining a lawyer before signing any sort of legal agreement with an agent/agency.

Does a publishing company have a lawyer?

Every publishing company that puts a contract in front of you has a lawyer or a legal department advising them. So it makes no sense whatsoever for you, as the other party in that negotiation, not to have legal advice, too. (And since you’re always looking at a contract which their lawyers wrote, the boilerplate always favors them, not you, and it needs to be negotiated.)

Can a literary agent advise on legal issues?

Finally, a literary agent isn’t qualified to advise you on legal problems, though he might offer an opinion. When a legal problem arises in your business, you need a lawyer to assist you, not someone with no legal qualifications whatsoever.

Who found a writer, put together a book proposal, and took the author around to meet New York publishers and

He wondered whether there might be a book in Guglielmo ’s work. He cold-called him, and Guglielmo was game. Kleinman found a writer, put together a book proposal, took the author around to meet New York publishers and negotiated a six-figure deal for The Walrus on My Table.

Who said "I am not a salesperson"?

Jeff Kleinman: “I am not a salesperson. That’s not what I do. I share books I love with people who I think will also love them.” Photo courtesy of Jeff Kleinman.

Who is Anthony Guglielmo?

While listening to NPR, Kleinman heard about massage therapist Anthony Guglielmo, whose patients include sharks, walruses and penguins. A lifelong equestrian and animal lover, Kleinman had seen the healing power of massage therapy on horses. He wondered whether there might be a book in Guglielmo’s work.

Where are Levine and Kleinman based?

For agents such as Levine and Kleinman, who are based in film-centric Los Angeles and New York City , respectively, the next logical step is spinning them into movies. In 2018, Kleinman’s agency, Folio Literary Management, ...

Who is the attorney for contract law in Palm Springs?

Palm Springs and Orange County Business Contract Attorney Sebastian Gibson has been named a Top Lawyer by Palm Springs Life Magazine for the past 6 years and has been called a “Superb” Lawyer by Avvo (their highest rating) which rates lawyers all across the U.S. With offices in the Coachella Valley in Palm Desert and in the Orange County area in the city of Newport Beach, call California Publishing and Literary Agency Contract Lawyer Sebastian Gibson anywhere in California and in the U.S. for entertainment matters including publishing, literary rights, music, film, television, modeling and sports law. Call us at (760) 776-1810 or visit our website for more information.

Is there a scam in publishing?

Scams abound in the publishing world and writers need to be aware before they sign a contract that obligates them to pay to have their book published and to purchase their own books. Scams In The Publishing World. If you’ve been offered a been offered a literary agency contract or a book publishing agreement, it is important ...

Do you have to sign a contract with a literary agent?

Most writers are either extremely or largely unhappy with their publishers. That being the case, you should only sign contracts with literary agents who will explain (orally to you, if not in writing) what they will seek to negotiate in terms of marketing and publicity from a publisher and book publishing agreements that spell out what efforts and what amount of money the publisher will expend in order to publicize and market your work and to obtain reviews of your book.

Can a literary agent stop my career?

If you’re a writer and you’ve poured your heart into writing the next great novel or expose, you need to ensure others can find your book to purchase so you can indeed become the best selling author you dream of becoming. Falling for a publishing scam, or signing a literary agency agreement with a literary agent who isn’t experienced in your genre can stop your career before it ever gets started. Even a contract from a reputable publishing house needs negotiating and each term explained so you know exactly what you’re signing.

Who is Anthony Franze?

And, of course, you’ll find John Grisham. Anthony Franze is a Washington, D.C., lawyer in the appellate and Supreme Court practice of Arnold & Porter Kaye Scholer and a critically acclaimed thriller writer with novels set in the nation's highest court, including his upcoming book, The Outsider.

Is To Kill a Mockingbird legal fiction?

To Kill a Mockingbird, Anatomy of a Murder, Presumed Innocent, The Firm. Most legal fiction top 10 lists include one or more of these recognizable titles. But what about more recent fare? After all, it’s been more than 55 years since Harper Lee introduced us to Atticus, and more than 25 years since the name “Grisham” became synonymous with the legal thriller.

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10 Reasons to Hire A Literary Lawyer Or Literary Attorney

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Should you hire a literary attorney or literary lawyer? Here are some reasons to consider it… Most successful literary agents have relatively standard author/agent agreements. Click here to see two articles I have about what to expect (and NOT expect) in a Literary Agent Contract or Literary Agency Contract. If you’re not extre…
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