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Stephen E. Gillen | Partner

 
Photo of Stephen E. Gillen

Practice Areas: Categories: Advertising, Copyrights, Litigation/Dispute Resolution, Publishing/Media, Software/Computer/Internet

“Our clients look to us for the perspective, sound advice, and skillful advocacy that come with years of experience in industries driven by intellectual work product. We speak your language and can anticipate the needs of your business.” Steve Gillen counsels clients in publishing and entertainment transactions and disputes, Internet issues, advertising law, computer law, copyrights, and related matters. His clients have included publishers, authors, artists, photographers, videographers, independent producers, Internet service providers, multimedia developers, and software programmers from Maine to California. Steve has written and spoken nationally on various publishing and copyright topics and teaches courses in Media Law at the University of Cincinnati. Earlier in his career, Steve served as in-house counsel for a middle market publisher of high school and college educational materials.

Publishing/Copyright:
  • Representation of book and journal publishers in connection with the sale of their businesses to major international publishing houses
  • Representation of a regional legal publisher in copyright infringement litigation concerning its flagship title
  • Representation of music publisher in copyright infringement litigation against advertising agency
  • Representation of international database publisher in licensing transactions (in/out)
  • Representation of major newspaper in development of electronic aggregation and syndication business
  • Representation of authors, artists, photographers, videographers, developers, producers, and other creatives in transactions and disputes
  • Successful defense of copyright infringement litigation against trade publisher
Copyright Expert Witness:
  • Engaged as expert on copyright question in litigation involving renewal rights to a popular card game
  • Engaged as expert on copyright question in legal malpractice litigation
  • Engaged as expert on copyright substantial similarity question in connection with construction drawings for theme park
Software:
  • Representation of health care businesses in high stakes software implementation transactions
  • Representation of township in acquisition of E-911/mobile communications and dispatch system
  • Representation of telecommunications company in acquisitions of software and technology and in divestiture of directory business
  • Representation of major manufacturer in negotiation of a variety of software license and service agreements
  • Representation of a public health agency in acquisition of an electronic clinical records system
Museums/Educational Institutions:
  • Representation of museums, libraries, and school systems in connection with web-based archiving, distance learning, and other copyright issues
  • Negotiation for exclusive license from hospital of patents and technology for spinal hemiepiphyseal staple for spine deformity
  • Negotiation of technology transfer of computer software for prosthesis modeling from a medical school to private investment group
  • Negotiation of exclusive publishing license to medical publisher for high resolution video atlas of the human anatomy
Media:
  • Representation in option of dramatic rights to trade book to UK production company; placement of documentary rights with another producer
  • Negotiation of broadcast rights for amateur sports leagues
  • Representation of several Midwestern communications companies in program licensing and media issues
  • Representation of publisher in production by public broadcasting company of a documentary series based on the publisher’s books
  • Representation of toy company in negotiation over documentary production involving famous action figure
  • Representation of manufacturer in negotiating location agreements with two cable channel documentary producers
Publications/Presentations:

What You Need to Know About Copyright Mandatory Deposit (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

OCTOBER 2016

Steve explains an infrequently used, lesser-known provision of US copyright law that may force you to deposit copies of your work with the Copyright Office even if you chose not to register it.

Getting the Royalty Treatment (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2016

Steve partners with auditor Juli Saitz to offer publishers some royalty accounting best practices.

 A Crash Course on Royalty Audits (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

MAY 2016

Steve partners with auditor Juli Saitz to explain the ins and outs of royalty audits.

 Who Do You Think You’re Dealing With? (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

MARCH 2015

Steve tells publishers what they need to know about contracting with a corporate author.

 The Attorney Author: Writing to Grow Your Practice (source) (pdf)

The CBA Report – trade monthly of the Cincinnati Bar Association

JANUARY 2016

Steve explains how writing for publication can be a great practice development tool.

A Checklist for Foreign Rights Deals, Part 2: Distribution Contracts (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2015

Steve continues his explanation of foreign rights deals with a list of key deal points for a distribution contract.

A Checklist for Foreign Rights Deals: Part 1, Translation and Adaptation Licenses (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2015

Steve explains the key deal points for a translation license and the additional concerns at issue in an adaptation or British Commonwealth license.

Paying Less for Small Copyright Cases (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2013

A quick overview of the recent report and recommendation of the Copyright Office on establishment of a copyright small claims process.

Use Source Works Safely (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

October 2013

Steve suggests best practices for ensuring that your use of reference material doesn’t end in a claim of infringement.

Tools tor Dealing with Piracy – Including a Brand-New One (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2013

Steve writes about the Special 301 Report and about a new set of best practices for addressing offshore piracy adopted by the Interactive Advertising Bureau and a number of prominent industry players.

The Legal Side of Endorsements and Testimonials (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2013

Steve writes about the rules applicable to using endorsements to plug books and how those rules are applied to blogs and tweets.

When Getting Rights Clearance Is Tough (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

JULY 2013

In this article, I tackle the challenges of clearing copyrights in the era of life+70 copyright terms and offer some suggestions for mitigating the risk/exposure without unreasonably compromising your editorial objectives.

Fair Use in Patent Applications (pdf)

The Copyright & New Media Law Newsletter

JUNE 2013

Four lawsuits were filed last year by two publishers against patent law firms across the country alleging that the submission of copies of scientific articles to the Patent Office in fulfillment of the disclosure obligations of the patent applicants infringed the copyrights of the publishers. In this article we look at the potential applicability of a fair use defense. Co-authored with Kyle Fath.

e-Books & Evolving Law (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

JUNE 2013

I take a look at two cases decided earlier this year with implications for e-books.

Copyright Infringement in Patent Prosecution: Might Your Firm Be the Next Litigation Target

ABA IP Law Section: 28th Annual CLE Conference

APRIL 5, 2013

Four patent prosecution firms were sued in 2012 for copyright infringement by two STM publishers, who claimed that the copies of journal articles submitted as part of each firm’s disclosure obligations to the Patent Office infringed the copyrights of the publishers. Will your firm be next?

Coping with a Cease and Desist Letter (source) (pdf)

IBPA Independent – trade monthly of the Independent Book Publishers Association

APRIL 2013

What should you do, and in what order, when a cease and desist letter lands in your lap?

What You Need to Know About Using Third-Party Photos (source) (pdf)

IBPA Independent – trade monthly of the Independent Book Publishers Association

FEBRUARY 2013

Steve writes about common mistakes and misunderstandings when it comes to third party photo licenses.

Contests, Sweepstakes, and Lotteries: What You Need to Know and Why You Need to Know It (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2012

Contests can be dangerous . . . Steve and his colleague Lori Krafte explain how to steer clear of the legal hazards.

The Book Publisher’s Toolkit: 10 Practical Pointers for Independent and Self Publishers (source)

Independent Book Publishers Association

NOVEMBER 2012

Steve was one of ten contributors to this, the first in a series of educational e-books to be published by IBPA. Steve’s chapter addresses changes necessary to ensure that your publishing contract is keeping up with these digital times.

The Work-for-Hire Minefield (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

OCTOBER 2012

Widespread misunderstanding may have set a work-for-hire minefield in your path. Read this to find your way into the clear.

What Publishers Need to Know About Pricing, Terms, and Antitrust (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2012

A look back at historical antitrust constraints on publishing business models and the implications for new and evolving models going forward.

Minimizing Libel Risks: Part 2 – Issues You Might Not Expect (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

AUGUST 2012

Is an encounter with libel tourism in your future? This and more . . .

Minimizing Libel Risks: Part 1 – The Basics (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

JULY 2012

Steer clear of libel suits – advice for book authors and publishers about minimizing and managing their risks.

Avoiding Litigation: The Truth About-and Alternatives to-Arbitration (source) (pdf)

IBPA Independent

JUNE 2012

Two bible publishers learn that, when it comes to ADR, the devil is in the details.

Apple’s iBook Author: What You Need to Know (Whether or Not You Publish Textbooks) (source) (pdf)

The Independent — trade monthly of the Independent Book Publishers Association

APRIL 2012

Apple’s powerful iBook Author development tool is available free of charge . . . but it comes with strings attached. Proceed with caution.

Best Practices for Permissions (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

MARCH 2012

This article offers up some suggested best practices for a publisher’s permissions program and explains the associated payoffs.

Facebook Case Shines Light on Issue (source)

Cincinnati Enquirer

MARCH 9, 2012

A local court’s decision to jail one of the parties in a contentious divorce for his Facebook post about his estranged wife provides the impetus for a perspective on free speech rights in a social media age.

Trademarking and Your Brand Strategy (source)

The Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2011

Building a strong brand for your books is part marketing, part magic, and part trademark law.

Reversion in the Digital Age: Is Out-of-Print Out of Style (source)

The Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2011

In this day and age, your publishing contracts should provide a reversion trigger that measures something meaningful.

Acquiring the Right Rights: Will Your Contract Keep Up with the Markets for Your Books? (source)

The Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2011

A look at grant clauses in book contracts to examine, in relation to digital rights, what rights are included and what you might have to pay for them.

Has Your Copyright Escaped Notice? Six Questions You Probably Never Thought to Ask (source)

The Independent – trade monthly of the Independent Book Publishers Association

AUGUST 2011

This article sheds a little light on the role of the lowly copyright notice and may cause you to rethink how you use it on copies of your works.

Fair Use and Other Aspects of Coping with Copyright Law (source)

The Independent – trade monthly of the Independent Book Publishers Association

JUNE 2011

Is your permissions policy too rigid or too lax? Check your copyright IQ with this overview of copyrights, fair use, and permissions.

Author Warranties: Options for Contract Clauses (source)

The Independent – trade monthly of the Independent Book Publishers Association

APRIL 2011

Steve writes about the wide range of reps and warranties sometimes employed in publishing contracts.

Printers’ Terms: What the Boilerplate Means and Where There’s Wiggle Room (source)

The Independent – trade monthly of the Independent Book Publishers Association

MARCH 2011

An explanation of the historical origins and contemporary significance of the Trade Customs of the Printing Industry.

Rights of, and Wrongs about, Journal Publishing: The Truth about Copyright Transfer (source) (pdf)

Advanced Materials & Processes, an ASM International Publication

JANUARY 2011

An explanation of the traditional bargain between an author and a journal publisher . . . which rights are transferred, which are not, and why this all makes sense.

Add Power to Your Purchase Order Form: A New Year’s Resolution Worth Keeping (source)

The Independent – trade monthly of the Independent Book Publishers Association

JANUARY 2011

The new year is a good time to review your company’s purchase order forms, particularly with respect to certain intellectual property issues that may otherwise catch you off guard.

Pollyanna, Titles, and Trademarking (source)

The Independent

DECEMBER 2010

A look at the idiosyncrasies of trademarks as applied to books.

Contract Updates for the E-Book Era (source)

The Independent – trade monthly of the Independent Book Publishers Association

AUGUST 2010

First quarter surge in e-book sales prompts a close look at common royalty provisions in book contracts.

Negotiating Styles: Zero-sum vs. Win/Win (source)

The Independent — trade monthly of the Independent Book Publishers Association

OCTOBER 2010

A poor choice of negotiation style by a publisher that should have known better serves to focus a discussion of negotiation styles.

The Bug Checklist: Protect Yourself Against Snafus in Software Vendors’ Licenses (source)

The Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2010

A concise checklist for sizing up your software vendor’s license agreement.

What’s the Big Idea?

The Licensing Journal

JANUARY 2006

Has the Time Come for Solomon’s Solution

The Licensing Journal

AUGUST 2004

Is Celebrity Licensing Out of Action?

The Licensing Journal

NOVEMBER/DECEMBER 2003

Twelve Questions to a Better Deal

The Licensing Journal

MAY 2003

The Bug List: A Checklist of System-Crashing Flaws in Software Development and License Contracts

Greenebaum Law Letter

Issue 1, 2003

Ninth Circuit Gives thumbs Up to Thumbnails: Kelly vs. Arriba Soft. Corp

The Licensing Book

NOVEMBER 2002

Greenebaum Law Letter

Issue 4, 2002 (Reprint)

Perspective and Opinion: FDNY Memorial, Moral Question…Legal Solution?

FBT Media Law Advisory

MARCH 2002

Sixth Circuit Rules in “A Fight Fit for Dogs”

FBT Media Law Advisory

NOVEMBER 2001

Book Contract Clinic: Quick Fixes for Bad Clauses

2001 Writer’s Market

Writer’s Digest Books

The Bug List: Potential System Crashers in Software Contracts

e-Law Insert to Cincinnati Business Courier

MAY 12, 2000

Outsourcing Web Site Design: Who Owns the Rights?

e-Law Insert to Cincinnati Business Courier

MAY 12, 2000

Bar Admissions:

Third Circuit Court of Appeals (2008) Sixth Circuit Court of Appeals (1996) U.S. District Court for the Southern District of Ohio (1980)

Education:

Northern Kentucky University, Salmon P. Chase College of Law, J.D. Miami University, B.S.B.A., Finance

Professional Affiliations:
  • Ohio State Bar Association
  • CincyIP
  • Authors Guild
  • Copyright Society of the U.S.A.
  • American Bar Association Intellectual Property Section» Copyright Office Affairs Committee» Special Committee on Copyright & New Technologies
  • Cincinnati Bar Association» Past Chair, Sports and Entertainment Law Committee» Chair, Communications Committee
  • Text and Academic Authors Association» Council Member (1997 to present)» Board Member of associated Foundation
  • Member, Hamilton County Court of Common Pleas Arbitration Panel
  • Mediator, Hamilton County Settlement Week
  • Past Member of the School Division Lawyers’ Committee, Copyright Task Force and Ad Hoc Committee on
  • Electronic Publishing with the Association of American Publishers
  • Adjunct Instructor of Business Law, Xavier University (1986-1990, 1995)
  • Adjunct Instructor of Media Law, University of Cincinnati, Raymond Walters College (1996 to present)
  • Adjunct Instructor of Electronic Media Law, University of Cincinnati, College Conservatory of Music (2002 to present)
  • School Legal Advisor for the Ohio State Bar Association Mock Trial Program (1987-95, 2002)
  • Trustee, Voyageur Media Group, Inc.
  • Advisory Board Member, The Licensing Journal (Wolters Kluwer Law & Business)

Return To List

Stephen E. Gillen | Partner

 
Photo of Stephen E. Gillen

Practice Areas: Categories: Advertising, Copyrights, Litigation/Dispute Resolution, Publishing/Media, Software/Computer/Internet

“Our clients look to us for the perspective, sound advice, and skillful advocacy that come with years of experience in industries driven by intellectual work product. We speak your language and can anticipate the needs of your business.” Steve Gillen counsels clients in publishing and entertainment transactions and disputes, Internet issues, advertising law, computer law, copyrights, and related matters. His clients have included publishers, authors, artists, photographers, videographers, independent producers, Internet service providers, multimedia developers, and software programmers from Maine to California. Steve has written and spoken nationally on various publishing and copyright topics and teaches courses in Media Law at the University of Cincinnati. Earlier in his career, Steve served as in-house counsel for a middle market publisher of high school and college educational materials.

Publishing/Copyright:
  • Representation of book and journal publishers in connection with the sale of their businesses to major international publishing houses
  • Representation of a regional legal publisher in copyright infringement litigation concerning its flagship title
  • Representation of music publisher in copyright infringement litigation against advertising agency
  • Representation of international database publisher in licensing transactions (in/out)
  • Representation of major newspaper in development of electronic aggregation and syndication business
  • Representation of authors, artists, photographers, videographers, developers, producers, and other creatives in transactions and disputes
  • Successful defense of copyright infringement litigation against trade publisher
Copyright Expert Witness:
  • Engaged as expert on copyright question in litigation involving renewal rights to a popular card game
  • Engaged as expert on copyright question in legal malpractice litigation
  • Engaged as expert on copyright substantial similarity question in connection with construction drawings for theme park
Software:
  • Representation of health care businesses in high stakes software implementation transactions
  • Representation of township in acquisition of E-911/mobile communications and dispatch system
  • Representation of telecommunications company in acquisitions of software and technology and in divestiture of directory business
  • Representation of major manufacturer in negotiation of a variety of software license and service agreements
  • Representation of a public health agency in acquisition of an electronic clinical records system
Museums/Educational Institutions:
  • Representation of museums, libraries, and school systems in connection with web-based archiving, distance learning, and other copyright issues
  • Negotiation for exclusive license from hospital of patents and technology for spinal hemiepiphyseal staple for spine deformity
  • Negotiation of technology transfer of computer software for prosthesis modeling from a medical school to private investment group
  • Negotiation of exclusive publishing license to medical publisher for high resolution video atlas of the human anatomy
Media:
  • Representation in option of dramatic rights to trade book to UK production company; placement of documentary rights with another producer
  • Negotiation of broadcast rights for amateur sports leagues
  • Representation of several Midwestern communications companies in program licensing and media issues
  • Representation of publisher in production by public broadcasting company of a documentary series based on the publisher’s books
  • Representation of toy company in negotiation over documentary production involving famous action figure
  • Representation of manufacturer in negotiating location agreements with two cable channel documentary producers
Publications/Presentations:

What You Need to Know About Copyright Mandatory Deposit (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

OCTOBER 2016

Steve explains an infrequently used, lesser-known provision of US copyright law that may force you to deposit copies of your work with the Copyright Office even if you chose not to register it.

Getting the Royalty Treatment (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2016

Steve partners with auditor Juli Saitz to offer publishers some royalty accounting best practices.

 A Crash Course on Royalty Audits (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

MAY 2016

Steve partners with auditor Juli Saitz to explain the ins and outs of royalty audits.

 Who Do You Think You’re Dealing With? (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

MARCH 2015

Steve tells publishers what they need to know about contracting with a corporate author.

 The Attorney Author: Writing to Grow Your Practice (source) (pdf)

The CBA Report – trade monthly of the Cincinnati Bar Association

JANUARY 2016

Steve explains how writing for publication can be a great practice development tool.

A Checklist for Foreign Rights Deals, Part 2: Distribution Contracts (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2015

Steve continues his explanation of foreign rights deals with a list of key deal points for a distribution contract.

A Checklist for Foreign Rights Deals: Part 1, Translation and Adaptation Licenses (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2015

Steve explains the key deal points for a translation license and the additional concerns at issue in an adaptation or British Commonwealth license.

Paying Less for Small Copyright Cases (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2013

A quick overview of the recent report and recommendation of the Copyright Office on establishment of a copyright small claims process.

Use Source Works Safely (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

October 2013

Steve suggests best practices for ensuring that your use of reference material doesn’t end in a claim of infringement.

Tools tor Dealing with Piracy – Including a Brand-New One (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2013

Steve writes about the Special 301 Report and about a new set of best practices for addressing offshore piracy adopted by the Interactive Advertising Bureau and a number of prominent industry players.

The Legal Side of Endorsements and Testimonials (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2013

Steve writes about the rules applicable to using endorsements to plug books and how those rules are applied to blogs and tweets.

When Getting Rights Clearance Is Tough (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

JULY 2013

In this article, I tackle the challenges of clearing copyrights in the era of life+70 copyright terms and offer some suggestions for mitigating the risk/exposure without unreasonably compromising your editorial objectives.

Fair Use in Patent Applications (pdf)

The Copyright & New Media Law Newsletter

JUNE 2013

Four lawsuits were filed last year by two publishers against patent law firms across the country alleging that the submission of copies of scientific articles to the Patent Office in fulfillment of the disclosure obligations of the patent applicants infringed the copyrights of the publishers. In this article we look at the potential applicability of a fair use defense. Co-authored with Kyle Fath.

e-Books & Evolving Law (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

JUNE 2013

I take a look at two cases decided earlier this year with implications for e-books.

Copyright Infringement in Patent Prosecution: Might Your Firm Be the Next Litigation Target

ABA IP Law Section: 28th Annual CLE Conference

APRIL 5, 2013

Four patent prosecution firms were sued in 2012 for copyright infringement by two STM publishers, who claimed that the copies of journal articles submitted as part of each firm’s disclosure obligations to the Patent Office infringed the copyrights of the publishers. Will your firm be next?

Coping with a Cease and Desist Letter (source) (pdf)

IBPA Independent – trade monthly of the Independent Book Publishers Association

APRIL 2013

What should you do, and in what order, when a cease and desist letter lands in your lap?

What You Need to Know About Using Third-Party Photos (source) (pdf)

IBPA Independent – trade monthly of the Independent Book Publishers Association

FEBRUARY 2013

Steve writes about common mistakes and misunderstandings when it comes to third party photo licenses.

Contests, Sweepstakes, and Lotteries: What You Need to Know and Why You Need to Know It (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2012

Contests can be dangerous . . . Steve and his colleague Lori Krafte explain how to steer clear of the legal hazards.

The Book Publisher’s Toolkit: 10 Practical Pointers for Independent and Self Publishers (source)

Independent Book Publishers Association

NOVEMBER 2012

Steve was one of ten contributors to this, the first in a series of educational e-books to be published by IBPA. Steve’s chapter addresses changes necessary to ensure that your publishing contract is keeping up with these digital times.

The Work-for-Hire Minefield (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

OCTOBER 2012

Widespread misunderstanding may have set a work-for-hire minefield in your path. Read this to find your way into the clear.

What Publishers Need to Know About Pricing, Terms, and Antitrust (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2012

A look back at historical antitrust constraints on publishing business models and the implications for new and evolving models going forward.

Minimizing Libel Risks: Part 2 – Issues You Might Not Expect (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

AUGUST 2012

Is an encounter with libel tourism in your future? This and more . . .

Minimizing Libel Risks: Part 1 – The Basics (source) (pdf)

The IBPA Independent – trade monthly of the Independent Book Publishers Association

JULY 2012

Steer clear of libel suits – advice for book authors and publishers about minimizing and managing their risks.

Avoiding Litigation: The Truth About-and Alternatives to-Arbitration (source) (pdf)

IBPA Independent

JUNE 2012

Two bible publishers learn that, when it comes to ADR, the devil is in the details.

Apple’s iBook Author: What You Need to Know (Whether or Not You Publish Textbooks) (source) (pdf)

The Independent — trade monthly of the Independent Book Publishers Association

APRIL 2012

Apple’s powerful iBook Author development tool is available free of charge . . . but it comes with strings attached. Proceed with caution.

Best Practices for Permissions (source) (pdf)

The Independent – trade monthly of the Independent Book Publishers Association

MARCH 2012

This article offers up some suggested best practices for a publisher’s permissions program and explains the associated payoffs.

Facebook Case Shines Light on Issue (source)

Cincinnati Enquirer

MARCH 9, 2012

A local court’s decision to jail one of the parties in a contentious divorce for his Facebook post about his estranged wife provides the impetus for a perspective on free speech rights in a social media age.

Trademarking and Your Brand Strategy (source)

The Independent – trade monthly of the Independent Book Publishers Association

DECEMBER 2011

Building a strong brand for your books is part marketing, part magic, and part trademark law.

Reversion in the Digital Age: Is Out-of-Print Out of Style (source)

The Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2011

In this day and age, your publishing contracts should provide a reversion trigger that measures something meaningful.

Acquiring the Right Rights: Will Your Contract Keep Up with the Markets for Your Books? (source)

The Independent – trade monthly of the Independent Book Publishers Association

SEPTEMBER 2011

A look at grant clauses in book contracts to examine, in relation to digital rights, what rights are included and what you might have to pay for them.

Has Your Copyright Escaped Notice? Six Questions You Probably Never Thought to Ask (source)

The Independent – trade monthly of the Independent Book Publishers Association

AUGUST 2011

This article sheds a little light on the role of the lowly copyright notice and may cause you to rethink how you use it on copies of your works.

Fair Use and Other Aspects of Coping with Copyright Law (source)

The Independent – trade monthly of the Independent Book Publishers Association

JUNE 2011

Is your permissions policy too rigid or too lax? Check your copyright IQ with this overview of copyrights, fair use, and permissions.

Author Warranties: Options for Contract Clauses (source)

The Independent – trade monthly of the Independent Book Publishers Association

APRIL 2011

Steve writes about the wide range of reps and warranties sometimes employed in publishing contracts.

Printers’ Terms: What the Boilerplate Means and Where There’s Wiggle Room (source)

The Independent – trade monthly of the Independent Book Publishers Association

MARCH 2011

An explanation of the historical origins and contemporary significance of the Trade Customs of the Printing Industry.

Rights of, and Wrongs about, Journal Publishing: The Truth about Copyright Transfer (source) (pdf)

Advanced Materials & Processes, an ASM International Publication

JANUARY 2011

An explanation of the traditional bargain between an author and a journal publisher . . . which rights are transferred, which are not, and why this all makes sense.

Add Power to Your Purchase Order Form: A New Year’s Resolution Worth Keeping (source)

The Independent – trade monthly of the Independent Book Publishers Association

JANUARY 2011

The new year is a good time to review your company’s purchase order forms, particularly with respect to certain intellectual property issues that may otherwise catch you off guard.

Pollyanna, Titles, and Trademarking (source)

The Independent

DECEMBER 2010

A look at the idiosyncrasies of trademarks as applied to books.

Contract Updates for the E-Book Era (source)

The Independent – trade monthly of the Independent Book Publishers Association

AUGUST 2010

First quarter surge in e-book sales prompts a close look at common royalty provisions in book contracts.

Negotiating Styles: Zero-sum vs. Win/Win (source)

The Independent — trade monthly of the Independent Book Publishers Association

OCTOBER 2010

A poor choice of negotiation style by a publisher that should have known better serves to focus a discussion of negotiation styles.

The Bug Checklist: Protect Yourself Against Snafus in Software Vendors’ Licenses (source)

The Independent – trade monthly of the Independent Book Publishers Association

NOVEMBER 2010

A concise checklist for sizing up your software vendor’s license agreement.

What’s the Big Idea?

The Licensing Journal

JANUARY 2006

Has the Time Come for Solomon’s Solution

The Licensing Journal

AUGUST 2004

Is Celebrity Licensing Out of Action?

The Licensing Journal

NOVEMBER/DECEMBER 2003

Twelve Questions to a Better Deal

The Licensing Journal

MAY 2003

The Bug List: A Checklist of System-Crashing Flaws in Software Development and License Contracts

Greenebaum Law Letter

Issue 1, 2003

Ninth Circuit Gives thumbs Up to Thumbnails: Kelly vs. Arriba Soft. Corp

The Licensing Book

NOVEMBER 2002

Greenebaum Law Letter

Issue 4, 2002 (Reprint)

Perspective and Opinion: FDNY Memorial, Moral Question…Legal Solution?

FBT Media Law Advisory

MARCH 2002

Sixth Circuit Rules in “A Fight Fit for Dogs”

FBT Media Law Advisory

NOVEMBER 2001

Book Contract Clinic: Quick Fixes for Bad Clauses

2001 Writer’s Market

Writer’s Digest Books

The Bug List: Potential System Crashers in Software Contracts

e-Law Insert to Cincinnati Business Courier

MAY 12, 2000

Outsourcing Web Site Design: Who Owns the Rights?

e-Law Insert to Cincinnati Business Courier

MAY 12, 2000

Bar Admissions:

Third Circuit Court of Appeals (2008) Sixth Circuit Court of Appeals (1996) U.S. District Court for the Southern District of Ohio (1980)

Education:

Northern Kentucky University, Salmon P. Chase College of Law, J.D. Miami University, B.S.B.A., Finance

Professional Affiliations:
  • Ohio State Bar Association
  • CincyIP
  • Authors Guild
  • Copyright Society of the U.S.A.
  • American Bar Association Intellectual Property Section» Copyright Office Affairs Committee» Special Committee on Copyright & New Technologies
  • Cincinnati Bar Association» Past Chair, Sports and Entertainment Law Committee» Chair, Communications Committee
  • Text and Academic Authors Association» Council Member (1997 to present)» Board Member of associated Foundation
  • Member, Hamilton County Court of Common Pleas Arbitration Panel
  • Mediator, Hamilton County Settlement Week
  • Past Member of the School Division Lawyers’ Committee, Copyright Task Force and Ad Hoc Committee on
  • Electronic Publishing with the Association of American Publishers
  • Adjunct Instructor of Business Law, Xavier University (1986-1990, 1995)
  • Adjunct Instructor of Media Law, University of Cincinnati, Raymond Walters College (1996 to present)
  • Adjunct Instructor of Electronic Media Law, University of Cincinnati, College Conservatory of Music (2002 to present)
  • School Legal Advisor for the Ohio State Bar Association Mock Trial Program (1987-95, 2002)
  • Trustee, Voyageur Media Group, Inc.
  • Advisory Board Member, The Licensing Journal (Wolters Kluwer Law & Business)

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Wood Herron & Evans LLP
2700 Carew Tower
441 Vine Street
Cincinnati, Ohio 45202-2917

Phone: (513) 241-2324
Phone: (800) 733-0262
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