Managing Intellectual Property in the Book Publishing Industry
Managing Intellectual Property in the Book Publishing Industry
A business-oriented information booklet
Creative industries ? Booklet No. 1
Managing Intellectual Property in the Book Publishing Industry
A business-oriented information booklet
Creative industries ? Booklet No. 1
Managing Intellectual Property in the Book Publishing Industry
Managing Intellectual Property in the Book Publishing Industry 3
TABLE OF CONTENTS
PREFACE
5
INTRODUCTION
7
SECTION A
11
Basic Notions of Copyright and other Relevant Rights
in the Book Publishing Industry
11
Copyright
12
What is copyright?
12
What rights does copyright provide?
14
Who owns copyright?
15
How long does copyright last?
16
Are some works free of copyright?
16
Does copyright protect titles, names and characters?
19
Trademarks
24
Confidential Information and Trade Secrets
28
Further Business and Legal Considerations
28
SECTION B
30
The Book Publishing Value Chain
30
Publishing Across the Digital Landscape
36
SECTION C
38
Publishers' Responsibilities in Negotiating Agreements
38
C.i. Managing Primary Rights
39
Grant of rights and specification
39
Commissioned works
40
Delivery and publication dates
41
Acceptability
42
Warranties and indemnities
43
Payments to authors and other creators
43
Other publisher issues
45
Termination
45
Concluding an agreement
46
Managing Intellectual Property in the Book Publishing Industry
4
C.ii. Managing Secondary and Third-Party Rights
47
Operating a secure permissions system
47
Text excerpts
48
Illustrations and web content
50
Drawn artwork
50
Photographs
51
Fine art
52
Picture acknowledgements
52
Web content
52
Conclusion
53
C.iii. Managing Subsidiary Rights
53
SECTION D
58
The Collective Administration of Rights
58
SECTION E
62
Business Models: Payment to Authors, Permissions and Subsidary Rights 62
E.i . Payment to Authors
62
Fee-based payment
63
Royalty payment
65
E.ii. Permissions
69
Text material
69
E.iii. Subsidiary Rights
71
Text extracts
76
Illustrations
77
Adaptations and exploitations
78
SECTION F
81
Copyright Compliance
81
SECTION G
84
Conclusion
84
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