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Perle and Williams on Publishing Law
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Written by three of the nation’s most prominent figures in the field, E.
Gabriel Perle, John Taylor Williams and Mark A. Fisher, Perle & Williams
on Publishing Law is the place to turn first for expert analysis and
authoritative guidance on publishing law issues. Now in its completely updated
Third Edition, Perle & Williams on Publishing Law gathers in one
highly accessible source:
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On-target answers to basic and complex questions about publishing law and
copyright practices and procedures
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Incisive analysis of case law developments affecting each sector of the
publishing industry — books, magazines, newspapers, audio, visual, and
multimedia forms of publishing
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Practice tools, checklists, and proven techniques you can use to resolve
publishing law issues knowledgeably and efficiently.
The Third Edition brings timely analysis of the latest court decisions
affecting publishers, distributors and creators of published works, with
in-depth coverage of emerging liability issues relating to copyright and
trademark infringement in electronically published works. This valuable
handbook offers much needed clarity and practical guidance on the rapidly
evolving intellectual property issues that impact publishers and creators of
published works. These include:
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The rights secured by copyright, the Fair Use Limitation, duration of
copyright works, renewal, ownership, and transfer of ownership
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The termination of transfers of licenses
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Form of copyright notice
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Copyright infringement and remedies
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Preemption of state law
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International aspects of copyright law
Features and Benefits
Have the tools to:
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Ensure sales and marketing policies do not run afoul of federal antitrust laws
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Develop a strong defensive strategy in defamation and rights of privacy claims
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Meet the latest legal regulations regarding obscenity, protection of
consumers, and fraud
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Avoid advertising liability under relevant state or federal antidiscrimination
statutes
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Protect the publisher’s and writer’s access to public and private records
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Minimize liability due to negligent publication
About the Author
E. Gabriel Perle is Senior Counsel at Ohlandt, Greeley, Ruggiero &
Perle in Stamford, CT. Previously, he was Corporate Vice President-Law and
Chief Counsel for Time, Inc., where he supervised the legal affairs of Time,
Life, Fortune, Sports Illustrated, People and Discover magazines, Time-Life
Books, Little, Brown and Company, Book of the Month Club, Home Box Office, and
American Television and Communications, Inc. He served as Chair of the
Copyright Division of the American Bar Association, and as President and
Honorary Trustee of the Copyright Society of the U.S.A.
John (Ike) Taylor Williams is a partner at Fish & Richardson, Boston,
MA, where he advises book, newspaper, and magazine publishers, as well as
national publishers and producers of television and film programming and acts
as an agent for American and foreign authors and screenplay writers. He is a
member of the ABA Intellectual Property Law Section, the Communications and
Entertainment Law Forum Committees, as well as past chairman of the Committee
on Authors. He has written extensively on publishing, libel, and First
Amendment law. He is a graduate of the University of Pennsylvania Law School.
Mark A. Fischer is a partner at Fish & Richardson in Boston, MA. He represents
creative companies and individuals in the areas of new media, entertainment,
publishing, intellectual property, and computer law. Mr. Fischer is the
co-chair of the firm’s Intellectual Property Group and its Publishing and
Entertainment Group. Currently, he teaches the Advanced Copyright course at
the Suffolk University Law School. He has also taught intellectual property
and entertainment law courses in Boston College Law School and Northeastern
University School of Law.
Table Of Contents
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Preface
Acknowledgments
Introduction
Volume 1
Part A: Publishing Practices and Procedures
1. Preventing and Resolving Legal Problems: An Overview of Print Publishing
2. Publishing Contracts
3. Selected Topics in Periodical Publishing and Advertising
4. Electronic Publishing and Software
5. Defamation and Related Issues
6. Right of Privacy
7. Right of Publicity
8. Other Torts Related to Publication
9. Access of the Press: The Reporter's Privilege to Gather the News
10. Publishers and the Antitrust Laws
Part B: Copyright Practices and Procedures
11. Introduction to Copyright
12. Subject Matter and Scope of Copyright
13. Rights Secured by Copyright and Fair Use
14. Duration of Copyright
15. Ownership of Copyright
16. Transfer of Ownership and Licenses
17. Termination of Transfers and Licenses
18. Publication and Notice
19. Copyright Registration and Deposit
20. Infringement of Copyright and Remedies
21. Preemption of State Law
22. International Aspects of Copyright
23. The Copyright Office
Volume 2
24. Trademark Law
25. Droit Moral of the Moral Right of Creators Appendices Table of Cases Index
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