2005 Nebula Awards Weekend:
Thursday Program »

28 April 2005:

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ISBA-SFWA
Continuing Professional Education Program
Publishing Contracts for New Authors and New Publishers
(with handouts)

Moderators: Daniel Kegan and Jeffrey G. Liss

9:00 a.m.-5:00 p.m. (with an hour break for lunch) — A special joint Continuing Professional Education Program co-sponsored by the Intellectual Property Law Section of the Illinois State Bar Association. The morning program will be a potpourri of contract topics with speakers provided by the ISBA, including Jeffrey Liss, who also is a member of the SFWA Contracts Committee. The afternoon program will cover its topics as a soup-to-nuts analysis of a typical contract for a novel, section by section, and will be led by Charles Petit, a member of SFWA's Contracts Committee, and will include Sean P. Fodera. The program is aimed at lawyers who don’t do this sort of thing very often and SF authors who don’t do it often enough (and who may not be able to afford a lawyer but need to know how to recognize the issues).

The separate registration fee for SFWA members is $25 (but is $100-115 for ISBA members).

Updated 2/1/2005

Morning Program
9:00-12:30

9:00-9:05 — Introduction (Daniel Kegan)

9:05-9:15 — The Intellectual Property Landscape: Trademarks (Stephen G. Kehoe) and Patents & Copyrights (Eugene F. Friedman)

9:15-9:30 — Authorship and Ownership (Eugene F. Friedman)

9:30-9:45 — Derivatives, Compilations, C, Joint Works (Eugene F.. Friedman)

9:45-9:55 — Fair Use (Eugene F. Friedman)

10:00-10:10 — Multi-Media — Graphics, Sounds, AudioVisuals (Kristen L. Lingren)

10:10-10:20 — Registration v. Unregistered Rights (Kristen L. Lingren)

10:20-10:30 — Licenses, Transfers, and Permissions (Aaron W. Brooks)

10:30-10:45 — Contracts & Forms (Jeffrey G. Liss)

10:45-10:50 — Royalties (TBD)

10:50-10:55 — Break

10:55-11:05 — Technology (Aaron W. Brooks)

11:05-11:15 — Technological Resources (Aaron W. Brooks)

11:20-11:30 — Wealth Creation (Daniel Kegan)

11:30-11:45 — Infringement Claims and Negotiations (Steven L. Baron)

11:45-11:55 — Lawsuits and Alternative Dispute Resolution (Steven L. Baron)

11:55-12:05 — Conflicts and Ethics (Eugene F. Friedman)

12:05-12:25 — Questions and Answers (the Panel)

12:25-12:30 — Morning Conclusion (Daniel Kegan)

1-hour Lunch Break
12:30-1:30

Afternoon Program
1:30-5:00

Book Publishing Contracts:
A Section-by-Section Analysis of a Contract for a Novel
(Charles E. Petit & Sean P. Fodera)

  1. I. Introduction: Description of session A. Scope of rights (WFH, transfer copyright, all rights, specific rights) B. Duration of rights (explicit term; problems with "duration of copyright"; revocation / termination) C. Nature of rights 1. Territories (vanishing EU internals) 2. Languages 3. Forms and formats (e.g., Rosetta Books) 4. Subsequent editions; options
  2. Responsibilities
    1. Manuscript (timeliness, completeness)
    2. Editorial duties (both sides; explain terms of art)
    3. Publication and marketing (timeliness; author approvals; typical scope of marketing; cover process)
    4. Warranties and indemnities
      1. Necessary warranties (authorship, exclusivity)
      2. Additional warranties (third-party rights)
      3. Indemnification (mechanics; E&O insurance)
  3. Compensation
    1. Flat-fee contracts
    2. Royalty contracts
      1. Advances
      2. Royalty basis and calculation
      3. Reserves
      4. Scheduling and timeliness
    3. Subsidiary rights
  4. Miscellany
    1. Agent of record
    2. Ipso facto
    3. Dispute resolution
    4. Auditing and examination
    5. Author courtesies (galleys, copies & discounts, marketing materials)
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6:00 p.m.-10:00 p.m. — Registration

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7:00 p.m.-10:00 p.m. — “SFWA in the City

A special welcoming event, a pizza party with an additional charge of $15. This event will be hosted by local SFWA members. Attending will be representatives from the four major Chicago-area science fiction conventions, who, it is hoped, will be looking for new SWFAns to invite as speakers. There also may be a special guest speaker.

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