Publishing Law 5th edition by Christopher Benson, Hugh Jones 1138803782 9781138803787

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ISBN-10 :  1138803782 

ISBN-13 :  9781138803787

Author: Christopher Benson, Hugh Jones 

  Publishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today. Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition. This new fifth edition presents updated coverage of the key principles of copyright , as well as new copyright exceptions, licensing and open access. There is also further in-depth coverage of the legal issues around the sale of digital content. Key features of the fifth edition include: updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes in the 2014 Regulations Comprehensive coverage of publishing contracts with authors, as well as with other providers, including translators, contributors and contracts for subsidiary rights up to date coverage of the Defamation Act 2013, and other changes to EU and UK legislation exploration of the legal issues relating to digital publishing, including eBook and other electronic agreements, data protection and online issues in relation to privacy, and copyright infringement a range of summary checklists on key issues, ranging from copyright ownership to promotion and data protection useful appendices offering an A to Z glossary of legal terms and lists of useful address and further reading.

Publishing Law 5th Table of contents:

Part I The law, and original works
1. Publishing and the law
UK and international law
EU law
UK law
2. Copyright I: key principles
Original ideas
Introduction to copyright
Copyright and intellectual property
From scrolls to screens: a brief history of copyright
The EU copyright directive: core rights and exceptions
Copyright: the way ahead
Copyright works
Literary works
Artistic works
Dramatic and musical works
Sound recordings, films and broadcasts
Internet transmissions and user-generated works
Typographical arrangements
Ownership of copyright
Qualification for copyright protection
Duration of copyright
EU harmonisation, UK extensions and revivals
Duration in individual works
3. Copyright II: exceptions, licensing and Open Access
Introduction
The EU Copyright Directive 2001
UK copyright exceptions after 2014
Copying Orphan Works
Copyright licensing and collective management
Creative Commons licensing and Open Access
4. Other rights of authors and publishers
Moral rights
The right of paternity
The right of integrity
Derogatory treatment
False attribution
The right to privacy of certain photographs or films
Remedies for infringement of moral rights
Database right
Publication right
Human rights
Public lending right
Artist’s resale right (droit de suite)
Part II Commissioning: publishing contracts
5. Author contracts
How a contract is made
Particular contracts and legal capacity
Author–publisher agreements
The standard author–publisher agreement
Rights granted
Warranties and indemnities
Subsidiary rights
6. Other contracts
Academic/professional/STM authors
General editors
Contributors (text and illustrations)
Translators
Subsidiary rights contracts
Online access licences
E-book agreements
Aggregator agreements
Other electronic agreements
Agreements between authors and agents
Part III Delivery, editing and obligations on publication
7. Delivery, editing and obligations on publication
Delivery: acceptance or rejection
Editing and alterations
Permissions
Production and proofs
Obligations on publication
Printers and publishers details
Legal deposit
Part IV Publish and be damned
8. Defamation and other risks
Defamation
Damages
What is defamation?
Libel and slander
Serious harm
Defamatory meaning
Social context
Context of the statement
Hidden meanings and innuendoes
The repetition rule
Levels of meaning
Identification
Publication
Defences
Costs
Linking
Summary checklist: defamation
Malicious falsehood
Negligent mis-statement
Obscenity
Blasphemy
Malicious communications
Incitement of hatred on the grounds of race, religion or sexual orientation
Contempt of court
Summary checklist: other risks
9. Confidentiality and privacy
Introduction
Confidential information
Private information
Remedies for breach of confidence and privacy
Data protection
Online issues
The right to be forgotten
Official secrets
Summary checklist: confidentiality and privacy
10. Copyright infringement
Primary infringement
The Digital Economy Act
Secondary infringement
Permitted acts and other defences
Summary checklist: likeliest possible defences
Civil and criminal remedies in the UK
Piracy
International copyright protection
11. Trade marks and passing off
Trade marks
Passing off
Domain name disputes
Part V Sales and supply
12. Sale of goods, digital content and consumer protection
Sale of goods and digital content
Summary checklist: legal ownership in sales
Summary checklist: descriptions and misrepresentation
Summary checklist: satisfactory quality
Summary checklist: fitness for purpose
Further consumer protection
Summary checklist: consumer protection
Distance selling
Other information requirements on online traders dealing with EU consumers
13. Advertising and marketing
Introduction
Unfair commercial practices
Unfair contract terms
Business protection from misleading advertising
Comparative advertising
Summary checklist: advertising and marketing
Unsolicited goods and services
Data protection
Summary checklist: promotion and data protection
14. Distribution and export
Introduction
Trade and competition
Restraint of trade
EU and UK competition rules
Article 34: free movement of goods
Exhaustion of rights
Summary checklist: competition

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