About the Author Lynne Spender has worked as a writer, teacher, administrator, publisher and editor. Since Publishing her first book in 1982, she has written and edited over 20 books in the areas of law and women's studies and was for five years executive director of The Australian Society of Authors. She is a board member of CREATE Australia and chair of the Communications Network of the Australian National Commission of UNESCO. In her eclectic way, she has degrees for three different universities in Law, Arts, English, Sociology and Education. The Australian Society of Authors, ASA, commissioned this book in response to daily queries about legal issues from authors and illustrators. It answers all commonly asked legal questions about literary creations. 1. Table of Contents 2. Contract Checklist 3. Frequently Asked Questions (pdf) Table of Contents 1. Chapter One: Copyright Copyright for creators Copyright law in Australia Copyright protection What is protected? Period of protection Public domain International protection Confidentiality agreements Registration of manuscripts Keeping records Copyright rights Literary and dramatic works Artistic works Moral rights Performers' rights Who owns copyright? General rule Staff journalists Government employees Ghostwriters Joint authors Editors Scribes and oral historians Interviewers Academics, teachers and students Freelancers and contractors Photographers Translators Territorial copyright Parallel importation of books Indigenous copyright Writing about Indigenous Australia Indigenous protocols Dealing with copyright works Assignment Licences Permissions Copyright infringement Copying a substantial part of a work Plagiarism Piracy Anti-circumvention provisions Exceptions to infringement Fair dealing Statutory licences and copyright collecting societies Copying by libraries and educational institutions Use of works by governments Taking legal action Work with your publisher Seek professional advice Mediation Going to court Remedies for infringement The future of copyright FAQs 2. Chapter Two: Defamation and censorship Defamation Libel and slander Defamation law Criminal defamation Defamation on the Internet Writers Avoiding defamation action Defences to defamation Damages and injunctions Law reform Defamation checklist Anti-vilification laws Commonwealth States Contempt of court Sub judice contempt Misleading and deceptive conduct Censorship Prohibited content on the Internet Blasphemy Obscenity FAQs 3. Chapter Three: Contracts General Negotiating a contract Valid contracts Breach of contract Termination of contract Damages Literary agents Literary agent agreements Choosing an agent Dealing with an agent checklist Publishing contracts Problem clauses Self publishing Vanity publishing Contract don'ts checklist Employer contracts Intellectual property Moral rights Commissioned works and ghostwriting Time Money Censorship Ownership of the work Other contracts Joint authorship agreements Agreements for articles and poetry Confidentiality agreements FAQs 4. Chapter Four: Ethics Literary ethics Law and ethics Pseudonyms and literary identities Literary hoaxes Unauthorised biographies Literary proceeds of crime Writing about Indigenous Australia Ethical protocols Appropriation of Aboriginality Ethics reminder Professional ethics Industry codes Journalists Protection of sources Chequebook journalism Literary agents' code Ethics in practice Privacy The public interest Secrecy, surveillance and eavesdropping Trespass Nuisance Media regulation Australian Press Council Australian Broadcasting Authority Internet regulation Australian Competition and Consumer Commission FAQs 5. Chapter Five: Getting paid Payment for professional creators Legal issues Salaried writers Writing for a fee Kill fees Royalties under a book contract Film options Option agreement Purchase agreement Other sources of income Copyright collecting agencies The lending right (PLR and ELR) schemes Grants, fellowships and prizes Australia Council for the Arts Awards and competitions Chasing money owed Going to court Professional advice and referral FAQs 6. Chapter Six: Money matters Money management Keeping records Dealing with tax Income tax Self assessment Penalties Employees Self-employed writers and illustrators Business or hobby? Are you in 'business' checklist Private rulings Assessable income Deductible expenses Making a loss Income averaging Simplified tax system (STS) Business related decisions Running your business Business and company names Australian Business Number (ABN) Withholding tax Goods and Services Tax (GST) Registering for GST Cancelling your GST registration Business Activity Statement (BAS) Cash or accruals? Tax invoices Superannuation Superannuation guarantee Self-employed Super funds Insurance What to cover Defamation insurance Public liability insurance (PLI) Income protection insurance FAQs 7. Chapter Seven: Wills, gifts and bequests Wills Rules of intestacy Valid wills Literary estates Literary executors Living wills Heir letters Power of attorney Gifts and bequests Cultural Gifts Program The Australian Society of Authors FAQs 8. Chapter Eight: The politics of authorship The politics of authorship A changing industry Chain bookstores From print to digital Rethinking publishing An author perspective Future directions Go digital or die?