The publishing industry is undergoing dramatic change. Digital materials are increasingly enhancing, or in many cases, replacing hardcopy works. This same technology is creating new ways for writers, media companies and others to distribute, merchandise and market written content.
Based in New York City, the center of the global publishing industry, our Literature Practice has an extensive history of counseling on matters related to traditional publishing. We also leverage the knowledge of our intellectual property and technology attorneys to help individuals and companies protect their works online and leverage new business opportunities.
What We Do
Our Literature practice evaluates and accommodates the differing needs, priorities and resources of our varied clientele – including authors, celebrities and public figures, publishers, distance learning companies, literary agencies, film studios and film production companies – to provide tailored counsel. The CEO of a Fortune 100 company, for example, has different concerns and options from a celebrity chef, and a major film studio has considerably more leverage in dealing with publishers than do independent writers.
Our services in this area include:
- Counseling clients on preserving, improving and exploiting publishing relationships
- Litigating copyright infringement claims on behalf of writers
- Negotiating and drafting both simple and extremely complex contracts for single and multiple books, screenplays and other creative works
- Planning and facilitating the release of cutting-edge publishing-related technology products
- Representing celebrities who contribute to literary works or about whom such works are being written
- Representing literary agencies that market books and other content to publishers
- Reviewing manuscripts before publication to advise clients on how to avoid or defend claims arising from the content of literary works
We also are adept at addressing the issues relating to content delivery in digital and online formats and are well-versed in the Digital Millennium Copyright Act and its impact on our clients.
Litigation
Our litigators represent both plaintiffs and defendants in cases arising from publishing disputes, including matters involving e-books and self-publishing. We have taken on some of the biggest names in the business. For instance, in a high-profile case against Google, we prevented more than 60 blogs from capitalizing on an author’s reputation and trademark without permission.
Transactions
On the transactional side, we represent authors and celebrities in the negotiation of book publishing contracts. We also routinely prepare and review license agreements for clients large and small, including leading publishers of books and other resources. Writers and entrepreneurs also engage us when forming entities to develop new publications or when they are contracted to provide content for publishing products.
