Publishing Law Law and Legal Definition

Publishing law encompaases such legal issues as contracts, privacy, fair use and right of publicity, trademarks, copyrights, and Internet law. The publishing contract is the most important document involved in the publication process. The significance of the publishing contract is that it defines the scope of the author's and publisher's interests and governs their respective rights and obligations, as well as those of their heirs and successors.

The Copyright Act requires all transfers of copyright ownership and exclusive licenses be incorporated in a written document that has been signed by the copyright owner or a duly authorized agent of the owner. Copyright protection, with some exceptions , is available for "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or other wise communicated, either directly or with the aid of a machine or device."

The right of publicity is generally defined as an individual's right to control and profit from the commercial use of his/her name, likeness and persona. Fair use and right of publicity protects the individual from the loss of commercial value resulting from the unauthorized appropriation of an individual's identity for commercial purposes.