Literary Attorney for Non-Fiction Authors

* Pre-Publication Legal Review * Publishing Contracts * Disclaimers

Offering Legal Services to Non-Fiction Authors

Non-Fiction Authors Have Unique Legal Risks based on the Genre of the Non-Fiction

*Auto-Biographies  *True Crime   *Memoirs   *Self-Help & Instruction  *How-to's & Guidebooks  *Health & Wellness

 

Legal Review of Manuscripts for Libel & Privacy and 14 Legal Risks + Vetting for Clearances & Permissions

Review & Negotiation of Publishing Contracts

Preparation of Co-Author or Illustrator Collaboration Agreements, Ghostwriter Agreements, & Disclaimers

                   

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Pre-Publication Legal Review.    Manuscript Vetting for Legal Risks.        Including Defamation & Privacy.     Clearances & Permissions.

Non-fiction authors have legal exposure in at least 13 areas of the law and many are overlooked by Authors.

These areas of risk include   *using real life names & places

                                              *using copyright-protected materials such as text, photos, graphs, and charts

                                              *using private information of others

Other legal areas include laws relating to copyright, rights of publicity, rights of privacy, false light, libel & defamation, entity formation, pen names, and many more.

I routinely review non-fiction books/manuscripts for legal risks using a proprietary questionnaire and forms and checklists that incorporate all 13 areas of concern developed by me over 30+ years.

THIS IS MY PROCESS - This is How I Work with YOU

  • If you wish to retain my services, send me an email about your book and we may have a short conversation. I will also tell you how fast I can get to your manuscript (usually 10 - 14 days). If you want to hire me to read and review your manuscript, I will send you a standard "engagement letter" where you formally hire me. Then you send me via email your signature on the engagement letter, along with your manuscript in WORD format.
  • Once I have your manuscript, as per my schedule, I will read it and mark it up. I also have many charts and forms I use to help keep track of people, identify what text of others you may be using, etc. I do not charge you a separate reading fee as many attorneys do and the fee can be ridiculously expensive. I will identify areas of legal risk and concerns and discuss these with you during our telephone consultation.
  • Over the telephone, I go page by page through your book identifying potential issues in the 13 areas of concern or exposure. We focus on material that may need to be revised. In many cases, a simple edit can minimize or eliminate risk.
  • We also review the use of real or fake names and places, if applicable and make suggestions with how to handle identification of real people. If you have used text from a copyright source, we discuss whether you need to receive permission or if you fall within a "fair use" exception.
  • Telephone consults are usually completed in 2 hours. I schedule the telephone consult with you when I am almost done reading your manuscript.
  • I charge a reasonable flat fee of $1,500 which is paid with a credit card at the end of the consultation. These are exceptionally reasonable rates. *For manuscripts over 80,000 words, or that contain a large number of footnotes, the actual flat fee will be more. A Legal Opinion can be provided for an additional charge.
  • At no additional charge, I prepare a Disclaimer and a Copyright Page specific to your Book and I prepare other forms as needed such as a personal depiction release, text permission agreement, interview permission and release, copyright assignment and others. These documents are sent to you via email after the consultation.

Prepare and Negotiate Publishing Contracts

Although the digital printing and publishing industry has significantly changed the publishing process, publishing contracts from publishing houses have not changed to keep up with technology and create problems for the author. For instance:

  • Out-of-print clauses do not reflect that your book will always be in print in a POD environment. In other words, you need to change these clauses to make sure that your book will be deemed "out of print" if it is not selling or being promoted so you can get your rights back.
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  • Most contracts require your next book to be offered to the publisher first with the publisher getting first look and last look rights that can impede your ability to get another publisher for your next book
  • Most contracts pick up rights the publisher does not need nor intend to develop. This can be a costly oversight.
  • I have read, reviewed, and negotiated hundreds of publishing contracts from traditional publishing houses (Big 5) to all forms of hybrid agreements.
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Prepare & Negotiate other Important Agreements you may Overlook

Your project will likely require you to obtain agreements from others to keep you out of legal hot water. A few of these agreements may include:

  • Permission to use art, photos, graphics, or illustrations in your book
  • Author - Ghostwriter Agreement
  • Author - Agent Agreement
  • Interview releases
  • Permission to use letters or journals
  • Joint Authorship and Collaboration Agreements
  • Illustrator/Author Agreements
  • Life Story Rights Agreement

Using Real People in your Manuscript -Legal and Practical Considerations

Memoirs and biographies are real stories about real people, places, and events. Using real people, places and events comes with heightened legal risks. An author needs to be particularly sensitive about the truthfulness and accuracy of the information. How will the person being written about feel if and when he or she reads your manuscript?

Many of the considerations I always analyze when vetting manuscripts with my clients are included in a BLOG POST (see my blog posts under the same title). I use these questions to assist in analyzing legal risks and to advise, as to each person and company mentioned in your manuscript, whether or not you must obtain written permission from each person (always the best practice), or take other action to avoid legal risks and to avoid ruining relationships. These considerations should also be applied when you write about a business or company.

Next Steps . . . Call me to Discuss your Manuscript. My Direct Line is

Do I Really Need a Literary Attorney for my Non-Fiction Book?

Congratulations, you have completed your non-fiction manuscript! As a non-fiction author, you are faced with unique issues that are not relevant to fiction projects. As a non-fiction author, you deal in the real, the facts, the actually-happened, and perhaps science. Your mindset really dictates that you make sure your manuscript will not expose you to very real liability and that you are fully aware of the real impact of the contracts you may sign along the way (ghostwriting, agent, publishing, permissions, etc.).

There are many reasons why you want to engage the services of a literary attorney who focuses on non-fiction authors and non-fiction projects before you self-publish or submit your manuscript to publishers and/or after you have a ghostwriting, agent, or publishing contract in hand. Why?

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The very real risk that you may have tripped over the law without knowing it, exposing yourself to legal liability and being forced to retain legal counsel and paying damages.

If you self-publish without attorney review, you expose yourself to legal threats, lawsuits, and claims against you for thousands or even millions of dollars.

If you publish with any publisher, the publisher will expect you to have vetted and resolved all issues—the publisher’s attorney will not do this for you. So, assuming the publisher allows your book to be published without attorney review, you expose yourself and the publisher to legal threats, lawsuits, and claims; both you and the publisher may be sued, and your publishing contract will require you to repay your publisher for any claims made against them. This means you will pay for your attorney fees and damages, and your publisher’s attorneys’ fees and damages (a double hit).

This is a problem for non-fiction authors in all genres and formats. Books, workbooks, true crime, memoirs, course-packs, academic publishing and textbooks, online educational programs, and even historical fiction all present unique issues.

There are at least 30 separate bodies of law and legal issues that may apply to your non-fiction manuscript. This means exposure for liability in potentially all of these areas.

I am not exaggerating when I say there are at least 30 areas of potential liability. You need to be made aware of what areas apply to your manuscript and collaborate with your attorney now to find options and edit your manuscript as may be necessary to mitigate your legal exposure. In some cases, there are very simple fixes and in others, not so simple. But, it behooves you to be aware of the risks of your current manuscript and for your future manuscripts.

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Forming an LLC or corporation will not necessarily eliminate your personal exposure for liability.

If you have tripped over any law in your manuscript, you will still be named personally (as well as your LLC or corporation) in any lawsuit. There are many good reasons to form an LLC or corporation for your project, but this will not prevent you from being sued personally and your personal assets may still be at risk.

An agent does not represent your interests to the fullest degree.

Agents and lawyers have different areas of expertise. Although their knowledge of publishing contracts may overlap, their training and experience do not.

If you have an agent, your agent does not have a duty to exclusively represent your interests—he or she can and usually will continue to represent his or her interests (primarily in the commission) when it comes to the publishing contract. An attorney will look at the monetary terms (advance, royalties, recoup), but will also look at the even more important non-monetary clauses.

These are the clauses that could put your book on ice forever, assign all your rights, and the out-of-print clauses, reversion rights, options that bind you to the publisher, and other clauses the agent does not care about. These are clauses that you should know about before you sign the contract, not after when you have no chance to make any changes and are stuck.

Publishers have stock forms of contracts that favor the publisher, and it is up to the author to make any changes. These contracts have been drafted by lawyers for the publishers, and you should have a lawyer on your side to even the playing field.

It is less expensive to retain an attorney now, rather than after there is a problem.

The cost of retaining a non-fiction literary attorney to review your legal exposure from your manuscript in the over 30 areas of law and to review with you and explain the detailed workings of your publishing contract is a smaller (and usually more reasonable) expense.

Compare that to an author who months or years after publishing their book is faced with a legal demand that will not go away until an attorney is retained and damages are paid. Or, an author who has signed a publishing contract without examination by an attorney is faced fighting with the publisher or opposing a publisher’s legal team in court to get the author’s rights back or to account for or pay royalties, all of which will most certainly result in the agent and the publisher blacklisting the author.

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You have worked hard to finish your manuscript, so make sure you have minimized your risks and understand the contracts you are signing.

Retaining an attorney before you publish or submit your manuscript to a publisher can give you reasonable assurance that your legal liability is minimized and you can sleep at night.

Retaining an attorney to review your agent agreement and your publishing agreement will inform you as to the specific mechanics of the particular agreement, giving you an opportunity to negotiate changes and understand what you are signing. Retaining an attorney is no guarantee that you, your agent, or your lawyer can successfully negotiate for everything you want, but it will make your decision whether or not to sign the deal much easier and you will know what to expect from the agreement.

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