Publishing law today: privacy, fair use, and piracy, with guest Jonathan Kirsch

New developments in privacy law in Europe, and fair use, piracy, and widespread infringement by high-tech players remain big challenges for publishers. Publishing attorney Jonathan Kirsch analyzes a changing landscape.

Topics include:

• How the European Union’s GDPR privacy laws are tightening up data collection and possibly placing even US-based publishers in legal jeopardy


• Understanding Fair Use: there are no formulas, only criteria


• Piracy: even legitimate corporations are trying to use your copyrighted material without permission. Can they? In some cases, legally, they can!


• But there is always recourse to the DMCA takedown notice, which is surprisingly effective (most of the time)


• A Hot News Flash: when can you legally file a claim of copyright violation with the court? (hint: you’re not going to like the answer)


• And an exclusive Kirsch prediction: Euro-style privacy laws are coming to the USA as even Americans demand the “right to be forgotten”

Jonathan Kirsch’s website with links to his books and services: http://www.jonathankirsch.com/

IBPA’s model contract for translation and publishing rights, for reference (IBPA members only):

https://www.ibpa-online.org/page/rightsagreement

Information on DMCA takedown notices: https://www.dmca.com/faq/What-is-a-DMCA-Takedown

DMCA takedown notice template: https://support.scribd.com/hc/en-us/articles/210128926-DMCA-copyright-infringement-takedown-notification-email-template

Note: nothing in this podcast or the links provided should be construed as legal advice and is provided for informational purposes only.

PARTICIPANTS

Jonathan Kirsch is a publishing and intellectual property attorney based in Los Angeles, an expert witness in publishing industry disputes, an Adjunct Professor on the Faculty of New York University’s Professional Publishing Institute, and a lecturer and consultant on publishing matters. He has long served as general counsel to IBPA, which presented him with its Benjamin Franklin Award for special achievement in publishing. He is the author of 13 books, including Kirsch’s Handbook of Publishing Law and Kirsch’s Guide to the Book Contract, which are now in revision for a new and updated single-volume edition.

Peter Goodman (host) is publisher of Stone Bridge Press in Berkeley, California. He began his publishing career in Tokyo, Japan, in 1976. A longtime member of IBPA, he has served on the IBPA board and as IBPA board chair.