I need a lawyer! September 20, 2006
Posted by Niels in : Magazine , trackbackI need a lawyer! Or an attorney, or at least someone who can tell me what the difference between the two is.
The magazine plan is still chugging along, and we know we need some legal advice. But we don’t know enough to know why. So we need an attorney familiar enough with the magazine business to tell us why we need him. I know there will be copyright issues and contracts when we purchase content, but what else, I can only guess. I think I’ve got the incorporating process mostly figured out, but I’ve got a few questions on that, too.
Now that half the world can track me through the facebook mini-feed, I’m hoping for some prompt assistance. If you’re stalking me and you’ve spent some time in law school, or just know someone who has, please help me network a bit.
Comments»
There are tons of issues with this. Sorry if I’m teaching you to suck eggs.
First of all….check that the name you are planning to use as the name of your magazine is not a registered trade mark belonging to someone else. If it’s available, register it.
For content rights…Essentially if you haven’t got proof, in writing, the rights belong to the photographer or the author. So they can sue you if you don’t have a proper contract in place. Don’t get a vague agreement over the phone - make the photographer/author sign up a proper document. If you’re going to use them a lot you can get standard agreements eg x per 100 words or whatever. But as your circulation grows, they’re likely to ask for more.
Images
- You have to decide whether to buy images for one off usage or whether you buy them outright (handy if you then want to do other projects like calendars etc).
- don’t forget to get model release forms signed at the shoot - it’s a nightmare to follow up later.
- Also get release forms from the location.
Get a lawyer (attorney is, I think, the same thing - I’m based in the UK) to do a couple of standard agreements and you can work from there. That’ll be the most cost effective way of doing it.
I can recommend Wiggin in London for this kind of intellectual property issue - they might be able to tell you of a good US firm who aren’t too expensive?
Hey, Niels Joe’s brother-in-law is a lawyer, and an EE major sans social awkwardness, and an all-around smart and savvy guy. At the moment he’s working as a patent attorney I believe. I’m sure he’d be happy to chat you up with whatever advice he can give you, so let me know if you’d like to talk to him.
P.S. I got a fish! His name’s Howard.
P.P.S. Mom drunk-dialed me from Vegas.
You should use that contact I gave craig in san fran, he should know a bunch of contacts.