So what is literary law? Literary law is a very novel area but one that is essential to any writer. Literary law focuses on contract review, publish and purchasing agreements, intellectual property issues and negotiations to ensure you get the best deal.
Literary Agent or Lawyer?
Literary agents serve as a liaison between you and the publishing houses and will pitch your manuscript. An agent will also help edit your manuscript and has established relationships with publishers and other big names in the industry. A lawyer can take it one step further by assisting with the legal nature of reviewing contracts, negotiations, understanding how royalties are assessed, keeping ownership of your intellectual property rights, and other considerations that may or not be beneficial to your specific needs. Also if copyright infringement or a disagreement on contract terms happen, your lawyer is there!
You can have both an agent and an attorney. That might be a great choice if you need someone with connections in the industry and editing of your manuscript. Just remember, an agent cannot handle no legal matters and only a lawyer can assist with those needs. Some agents event suggest writer to get a lawyer as a best practice. Even if you self publish, you may want to get a lawyer if someone infringes on your work or if you are approached with a deal.
Literary Law Process for Novel
A lawyer can also walk you through the process of getting your book out to the public. In the simplest explanation: Get your contract reviewed, let your lawyer discuss the terms with you and make suggestions, negotiations with the publisher will occur and voila!
Independent Contractor Agreements
Trademark and Copyright Services
A copyright "protects the original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. It does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.” Like trademarks, the process is not mandatory. However, it will help to bolster a claim of infringement, claim statutory damages and also attorney's fees.
Copyright Search and Registration
While you can do this process yourself, you will greatly benefit from having an attorney because they can spell out the nuances of the laws, discuss how to protect the value of your copyright or review your contract to ensure you still have rights to your copyright if you are a freelancer or independent contractor. An attorney can also tell you how long your copyright protection will last and ensure the steps you take are correct!
Copyright Cease and Desist Letter
A trademark protects your brand by letting others know about your product or service through words, phrases, slogans, symbols or a design. Using another's work without permission can cause a cease and desists or even more serious consequences.
Trademark Search and Registration
You must file an application either with your state trademark’s division or with the USPTO if you want federal protections. The trademark process is not mandatory but if you want to be protected against infringers and costly legal battles, it is a must! The application process is quick and based on an "intent to use" or "use in commerce". Once filed, the decision can take anywhere from 9-18 months. The decision can become delayed if there are issues with the application. Using an attorney can lessen the chances of this happening. If the process is favorable, we will go forward with registering your trademark.
Trademark Maintenance and Infringement Services
You will always own your trademark but you must maintain it by filing paperwork starting between the 5th and 6th anniversary of your registration date or it could be cancelled causing you to refile. Sometimes, others can legally use your registered mark or name depending on the category and the product or service association. However, there are times when infringement may occur on your trademark or when you are accused of infringement. We are here to advise you and assist on these matters.
We provide the following services:
Estate planning is sometimes thought of as something only the wealthy need. This is completely false! It is important to plan ahead so that you can establish your beneficiaries, dictate your burial arrangements, or even to avoid the probate process.
Estate Planning for Single Adults and Families
Having an estate plan as a single adult with assets is essential to ensure your wishes are carried out. If you are an adult with limited assets and no children, having a will may not be imperative but having a financial power or attorney and health directives can help if you become incapacitated. Blended and nontraditional families also should look at getting an estate plan to avoid unfavorable distributions.
Estate Planning Process
While some may think the estate planning process is tough, your attorney can ease the process and your understanding. Filling out a questionnaire before meeting with your attorney will help them understand what documents you will go over during your initial meeting and to best create your plan. Once the documents are drafted, you will be able to make any changes or ask questions before your package is ready to be signed and notarized.
Guardianships and Conservatorships
Estate planning can also yield some more complicated questions. If you are elderly or do have an elderly parent and they are incapacitated, they will no longer be able to sign a power of attorney and you will need to go through the legal system to gain guardianship and/or a conservatorship.
If you do have minor children, having a will can establish a guardian if needed and a trust will ensure they receive access to funds without going through the probate process. If you have a child over 18, you won't be able to view their medical records in an emergency without a HIPAA release.
We provide the following services:
Financial Power of Attorney
Durable Powers of Attorney
Adoption is a wonderful way to expand a family and give a child a forever home. Whether the adoption is contested or uncontested, we are able to assist.
We welcome stepparent adoptions! Once a stepparent adopts a child they are given all rights that a natural parent has even if a divorce occurs or if either parent transitions.
Sometimes a relative is open to welcoming a child into their home after a parent passes away, is incarcerated, has a debilitating disability, abandons a child or other strenuous situations while the child is still a minor.
Foster Parent Adoptions
The process for foster parents to adopt is welcomed with open arms as long as the following reqs are met: being at least 19 years old; depending on the county, you may need to be married for up to 3 years and one parent must be a U.S. citizen; have a complete background check; have housing and space for the child and ensure your health is well enough to care for the child.
We offer assistance for those who are looking to welcome a child into their home who may be using a private agency or may have an agreement with a birth mother.
We provide the following services:
Foster Parent Adoptions
In the area of family law, there are moments where the family unit struggles to work as a unit due to emotional and tough issues surrounding areas such as divorce, child support and child custody. At Moore and Young Legal Solutions, we work hard to assist you through this trying time.
Divorce is a hard time for most families as their unit is becoming undone. It can be amicable or can turn into a heightened disagreement. We are here to assist in uncontested and contested divorces. It is the hope that most issues can be solved with mediation. However, if litigation does occur we are able to represent you to resolve the matter.
Child support is to ensure that the parents are providing for the child in the standard of living the minor child is used to and based on the parents' incomes, number of children, how often the child is in their homes, the child's expenses and other factors. It is NOT a form of punishment, free money to spend on the parent nor is it only given to mothers. Child support is for the minor child and cannot be waived. If you are the custodial or non-custodial parent, we are here to assist you with paying, receiving or modifying child support.
The well being of your child is extremely important and the question of custody needs to be established. Custody pertains to who has the right to make decisions about the child such as education, health and well-being. This can become a contested issue because each parent wants what is best for their child and a say so in how it is done. Dealing with issues surrounding your child can be emotional and hard to process. We are here to help walk you thorough the process and find the best way to ensure your child's best interest are met.
Are you ready to set up your new business? Do you have a contract that needs to be reviewed before you sign on the dotted line? Do you need help negotiating?We are pleased to offer you services in the following areas:
Congratulations on taking the step toward entrepreneurship! Now that you are moving forward, it is time to decide what type of business entity best suits your needs. During our consultation we will gather information to determine which entity will best protect you and your business.
Contract Drafting and Review
Whether you are creating content for a contract to give the another party or looking for a lawyer to review a contract given to you, we can help! Contract language can be complex, weigh in favor for the other party or even leave you open to loopholes. We have worked with authors, dentists, doctors, business owners and more to ensure they are protected. It is best to take the time out to have your contract reviewed by a lawyer to parse out red flags, warnings and additional provisions that need to be updated or added. When drafting a contract, a lawyer will ensure that the correct provisions are included and that you have placed the proper protections for you!
Negotiations and Enforcement
Contracts are created to avoid issues of ambiguity. However, there are still times where provisions are questionable and help is required. We offer clients the ability to negotiate their contracts if there is an unfavorable provision or if they have additional needs that should be covered in the contract. If you have an existing contract that has not be honored and needs enforcement, we also offer the service to reach out to the breaching party.
*We service clients nationwide in the areas of trademarks, copyright, some portions of business law, and literary law. We service clients in the Alabama area in the areas of family law, adoptions, some portions of business law, and estate planning.