Lucas LLPtag:www.lucasllp.com,2009://72009-11-09T22:48:11Zattorneys and counselors at law :: literary representationMovable Type 3.33tag:www.lucasllp.com,2009://7.10402009-11-09T22:30:00Z2009-11-09T22:48:11ZLucas LLP is a law practice dedicated to helping creative people and companies develop and manage their business and legal relationships. We advise a varied group of clients on a range of issues and offer exceptional experience in matters of:›...Lisa
Lucas LLP is a law practice dedicated to helping creative people and companies develop and manage their business and legal relationships.
We advise a varied group of clients on a range of issues and offer exceptional experience in matters of:
› publishing law and related business issues;
› literary representation;
› rights management and licensing;
› copyright registration, research, and management;
› art law; and
› business formation and development.
We represent and counsel a spectrum of clients: authors, artists, publishers, and other professionals who contribute to the publishing of books, journals, magazines, and websites; software designers and developers; sellers and buyers of art; consultants and companies who create, manage, and distribute creative works; and many others who seek advice on how to develop opportunities and protect their interests.
We welcome inquiries regarding our legal services and literary representation, and encourage you to review the information on this website for an overview of our practice.]]>
Still Waiting...tag:www.lucasllp.com,2009://7.10832009-11-09T22:18:46Z2009-11-09T22:54:18ZThe Google Book Settlement is not yet settled. Opposition to the settlement has been vocal and growing, and today's New York Times notes that the parties have requested an extension to Friday, 13 November, to submit a revised settlement for...Lisa
today's New York Times notes that the parties have requested an extension to Friday, 13 November, to submit a revised settlement for the court's review. [9 November 2009]
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"Google Books Settlement Delayed Indefinitely"tag:www.lucasllp.com,2009://7.10812009-09-25T17:16:56Z2009-09-25T17:21:34ZIn the wake of growing objections and concerns, judicial review of the Google Book settlement has been delayed to give the parties an opportunity to revise the settlement terms to address concerns from the U.S. Department of Justice, numerous private...Lisa
Google Book settlement has been delayed to give the parties an opportunity to revise the settlement terms to address concerns from the U.S. Department of Justice, numerous private parties, and foreign governments.
For information about the latest turn of events in what has been a much-delayed conclusion to the dispute between associations of authors and publishers and Google, Inc. over Google's program to digitize books, the New York Times published a short summary, available online. [25 September 2009]]]>
2009 Los Angeles Times Festival of Bookstag:www.lucasllp.com,2009://7.10392009-04-23T16:58:56Z2009-05-07T11:49:18ZThe book review section may be gone, but the Los Angeles Times' Festival of Books lives on. UCLA hosts the festival this weekend, 25-26 April, and it's a must-visit event for those of us who live and read locally and...Lisa
Los Angeles Times' Festival of Books lives on. UCLA hosts the festival this weekend, 25-26 April, and it's a must-visit event for those of us who live and read locally and for many others who make the trek to L.A. for panels, booksignings, and a wide array of exhibitors.
Festival information is available online, television coverage of selected programs will be provided by C-SPAN's BookTV, and local hero Mark Sarvas will be offering his take via The Elegant Variation. Show up, log on, or tune in this weekend.]]>
Lisa Lucas at the Tucson Festival of Bookstag:www.lucasllp.com,2009://7.10382009-03-07T23:06:32Z2009-05-07T11:49:18ZLisa Lucas will be speaking to attendees of the inaugural Tucson Festival of Books on Saturday, March 14, 2009 from 1:00pm-2:00pm at a session entitled "The Path to Publication: An Attorney's Perspective." Lisa will discuss topics of interest to writers...Lisa
Tucson Festival of Books on Saturday, March 14, 2009 from 1:00pm-2:00pm at a session entitled "The Path to Publication: An Attorney's Perspective." Lisa will discuss topics of interest to writers of both fiction and nonfiction and will address:
+ separating copyright fact from fiction;
+ seeking help from agents, attorneys, and other advisors;
+ deciding whether to pursue a contract from an established publishing house or to self publish; and
+ identifying common publishing contract pitfalls.
The session will be held in room 204 of Koffler Hall on the University of Arizona campus in Tucson. Information about the Festival's sessions, book signings, and other events is available on its website.]]>
Resources and Alerts from the Authors Guildtag:www.lucasllp.com,2009://7.10372009-02-17T09:58:25Z2009-05-07T11:49:18ZIn addition to its useful resources for members including contract reviews, referrals, and other services, the Authors Guild also shares information about developments in publishing law and related matters with interested nonmembers via the Guild's website. Two recent examples:...Lisa
In addition to its useful resources for members including contract reviews, referrals, and other services, the Authors Guild also shares information about developments in publishing law and related matters with interested nonmembers via the Guild's website. Two recent examples:
Authors Guild v. Google action, the Authors Guild made a series of key documents available on its website, including a helpful distillation of the settlement agreement. More recently, after the announcement of the Kindle 2 by Amazon CEO Jeff Bezos, the Guild advised caution for writers crossing the intersection of electronic and audio rights. Although this potential conflict has been on the radar of many of us who negotiate publishing contracts, the announcement of the forthcoming Kindle's "text to speech" feature brought questions related to these rights into sharp relief.
Far from being a challenge to the right of individual readers to read aloud as some too-quick commentators alleged, the Guild's alert was appropriate and appropriately swift, raising a legitimate concern about a matter that should be considered carefully, and not only by authors. I'm thinking of parties on both sides of the negotiation table. Authors, artists, and other contributors need to understand what rights they're granting and what rights they're reserving, and to do so mindfully and strategically. Publishers—especially those whose contract boilerplate has not been reviewed in a few years—need to consider what rights they need and how best to delineate those rights in the contracts on which their business rests. [16 February 2009]]]>
Online royalty statements... a modest proposaltag:www.lucasllp.com,2008://7.10362008-11-29T17:49:15Z2009-05-07T11:49:18ZPat Holt makes a modest proposal on the "Holt Uncensored" blog:If you were an author, wouldn't it be great if your publisher gave you a password to your own royalty account? This would be an online, frequently updated, always accessible,...LisaIf you were an author, wouldn't it be great if your publisher gave you a password to your own royalty account?
This would be an online, frequently updated, always accessible, entirely confidential page on your publisher's website that would replace the current system.
As frequently as you wish, you could check sales of your book, the rate of returns, the percentage taken out for reserves and varying royalty rates for bulk sales, special sales, premium sales, electronic sales, and so forth.Given the amount of money many publishers spend on internal systems to share data among departments and to transmit data to wholesalers and distributors, why would the development and implementation of a system to share data with authors be an outrageous proposition? Read's Pat's complete post on the Holt Uncensored blog and you may find yourself asking the same question. [29 November 2008]]]>
Considering the Future of Publishingtag:www.lucasllp.com,2008://7.10352008-10-16T18:49:55Z2009-05-07T11:49:18ZFew industries have escaped feeling the dark economic news of recent weeks (and months). Although articles and opinion pieces about the future of publishing run the gamut from glowingly hopeful reports to the-sky-is-falling predictions of doom, some observers are taking...Lisa
New York Observer, available online and worth reading for anyone considering a trek down the path to publication. While larger houses and agencies may be facing greater challenges to meet revenue projections, the economic downturn may present opportunities to smaller publishers, university presses, and other, more nimble members of the industry. (Thanks to MediaBistro for the pointer.) [16 October 2008]]]>
Rowling Prevails in Harry Potter Lexicon Suittag:www.lucasllp.com,2008://7.10342008-09-10T01:39:52Z2009-05-07T11:49:18ZJ.K. Rowling and Warner Bros. have prevailed in their action again RDR Books, who were readying Steven Vander Ark's Harry Potter Lexicon for publication. Although the author's fan site had previously been singled out for praise by Rowling, news that...Lisa
Harry Potter Lexicon for publication. Although the author's fan site had previously been singled out for praise by Rowling, news that a print edition has been prepared and was going to be published sparked the legal dispute between the parties, and a larger debate about when reference guides cross the threshold of copyright infringement.]]>
available online; Mark Hamblett's summary for the New York Law Journal is available via law.com. [9 September 2008]]]>
A Battle Over Flat Stanleytag:www.lucasllp.com,2008://7.10332008-07-30T06:10:50Z2009-05-07T11:49:17ZWhat happens when a character takes on a life beyond its author's original work, and who should benefit?...Lisa
What happens when a character takes on a life beyond its author's original work, and who should benefit?
Flat Stanley Project was started by Dale Hubert in 1995. By several accounts Mr. Hubert was encouraged in his promotion of Flat Stanley (and related literacy and community development efforts) by Jeff Brown, the creator of the Flat Stanley character and author of numerous Flat Stanley Books, and by HarperCollins Publishers.
Mr. Brown died in 2003. No formal agreements had been made between Mr. Brown or HarperCollins and Mr. Hubert. It appears Mr. Hubert may be paying a price for relying on a good faith understanding as there are other parties who now wish to capitalize on the popularity of the Flat Stanley character, a popularity, one could argue, that was stimulated significantly by Mr. Hubert's efforts.
Thanks to LAist for a summary of the dispute and links to additional information. [29 July 2008]]]>
Defining "Out of Print"tag:www.lucasllp.com,2008://7.10322008-07-25T19:29:34Z2009-05-07T11:49:17ZWith an increasing number of options for print-on-demand (POD) and electronic publishing available to publishers and authors alike, it's important for both to pay careful attention to the provisions in their contracts that define what conditions must exist for a...Lisa
With an increasing number of options for print-on-demand (POD) and electronic publishing available to publishers and authors alike, it's important for both to pay careful attention to the provisions in their contracts that define what conditions must exist for a work to be considered out of print and the rights subject to reversion.
writes for today's Bookseller.com (UK) about how both sides are characterizing their concerns, with input from Random House UK and the Society of Authors.
In tandem with a careful evaluation of the out-of-print provision of their contracts, publishers and authors need to be aware of what rights have been granted, whether a publisher has the right to produce an electronic edition (and what forms of electronic editions), and whether there are any contractual barriers to publishing in POD or to licensing a work for a third party's POD program. Provisions for reasonable royalty rates, or the ability to revisit the rates at appropriate times, are also key. [25 July 2008]]]>
Inspiration or Misappropriation?tag:www.lucasllp.com,2008://7.10312008-07-20T04:19:10Z2009-05-07T11:49:17ZSteven Galloway, the author of The Cellist of Sarajevo, asserts that although the title character of his novel was inspired by a real-life musician, he is under no obligation to secure the real person's permission for depicting him--or a character...Lisa
The Cellist of Sarajevo, asserts that although the title character of his novel was inspired by a real-life musician, he is under no obligation to secure the real person's permission for depicting him--or a character very much like him--in a work of fiction. The author has used the same setting, the number of days the cellist plays, the same musical selection (Albinoni's Adagio), and the moniker given to the cellist by members of the media who originally covered the story.]]>
Knopf Canada's web page for the book.)
Reports on the dispute on the CBC News website and via the Times (London) Online.
Although the tongue-in-cheek guideline for many authors and publishers has been that "it is easier to ask for forgiveness than permission," asking for forgiveness may be a more costly proposition. [19 July 2008]]]>
Expanding our servicestag:www.lucasllp.com,2008://7.10302008-05-21T06:49:42Z2009-05-07T11:49:17ZWe're pleased to announce that Lucas LLP has formally expanded its services. Alongside "attorneys & counselors at law" you'll now see that our shingle includes "literary agency." In the past, because of our interest and experience in publishing matters, we've...Lisa
Literary Representation page. Please review it for details about the subject matter and types of projects we represent, our submission guidelines, and the terms of our representation. [1 May 2008]]]>
Literary Representationtag:www.lucasllp.com,2008://7.10292008-05-08T22:14:14Z2009-05-07T11:49:17ZIn addition to providing specific legal advice and assistance related to publishing matters, including contract negotiation, copyright registration, and the licensing of subsidiary rights, Lucas LLP provides literary representation to authors....Lisa
In addition to providing specific legal advice and assistance related to publishing matters, including contract negotiation, copyright registration, and the licensing of subsidiary rights, Lucas LLP provides literary representation to authors.
Attorney or Agent?tag:www.lucasllp.com,2008://7.10282008-05-08T22:13:49Z2009-05-07T11:49:17Z"Do I need an attorney or an agent?" is a question we often hear, and the answer depends on your needs as an author, illustrator, publisher, or other publishing professional....Lisa
"Do I need an attorney or an agent?" is a question we often hear, and the answer depends on your needs as an author, illustrator, publisher, or other publishing professional.]]>
As Attorneys:
Some authors who retain our legal services have already placed their work with a publisher and would like assistance negotiating their contract or addressing difficult, complicated, or unusual issues. Other clients have made arrangements to contribute to a project and are generally comfortable with the terms, but are faced with a contract that contains provisions they don't fully understand. Some of our clients have their own literary agent, but desire an independent and additional level of review.
Some clients seek our legal advice while preparing their manuscripts if questions arise about (for example) seeking permissions for the use of others' work, securing releases for interviews they have conducted or will conduct, or understanding when releases may be required from individuals in photographs. Lucas LLP also advises clients who have decided to work with others on a project, preparing collaboration agreements, assignments of copyright, or work-made-for-hire agreements.
The examples noted above also reflect some of the work we perform for our publisher clients in both print and electronic media, and for clients who work in other creative endeavors.
In an attorney-client relationship, our clients compensate us for our services on a fee basis as services are provided, as well as for out-of-pocket expenses we incur on a client's behalf. Payment of fees and expenses is not dependent on the outcome of a particular matter or on successful completion of a negotiation or transaction. Fees, anticipated expenses, and other details of arrangements for our legal services are discussed between Lucas LLP and potential clients before work begins, and are confirmed in a written engagement letter.
As Agents:
Our agency clients seek assistance introducing and selling their work to publishers and other potential licensees and partners. While we provide many of the same services to our agency clients as we do to our legal clients—such as contract and license review, copyright registration assistance, and advice on permissions and releases—we additionally focus on finding and securing publishing opportunities for our literary agency clients.
For prospective agency clients we require submission of materials so we can determine whether we are suited to represent your work. We evaluate submissions based on a number of factors, some related to the quality of the work itself, but also others related to our own range of contacts and our preferences and strengths. We also must consider commitments to our current clients when assessing whether to take on new clients, so our declining to represent an author or their work does not mean that the work is not suitable for another agent or that we do not think a publisher will be interested in it.
Also note that we:
» offer literary representation on an exclusive basis only;
» enter into written agreements with our agency clients;
» do not charge up-front reading fees or other evaluation or editing fees to agency clients or to prospective clients;
» may charge agency clients for certain out-of-pocket expenses, such as photocopying services and messenger or courier charges related to submissions;
» are compensated on a commission basis, receiving a share of income generated from publishing arrangements and licenses of subsidiary rights.
We retain a commission of 15% from all gross proceeds of works we represent. This commission also applies to the placement of subsidiary rights. If we retain a co-agent to assist with the placement of subsidiary rights (for example, in a foreign market), their commission will be an additional cost (usually 10%). Agency commissions and reimbursable expenses, along with the timing and manner of payment, are detailed in our agency agreement.]]>