Publishing law


Publishing law covers a diverse range of legal issues. This is particularly so given the evolution of publishing from its traditional written form to new forms of publishing, including electronic and digital publishing. In this way, publishing law is relevant not only to publishers, authors and agents within the publishing industry, but also to individuals who have published something or had something published about them. The following are particularly relevant aspects of publishing law that a publishing lawyer can provide assistance and advice on.

  • Commissioning and contracts is an important aspect of the publishing process. It is important to obtain specialist legal advice when drafting and negotiating publishing contracts such as author agreements, journal publishing agreements, and electronic distribution agreements
  • Intellectual Property (IP) law (particularly copyright law) is especially important to the publishing industry. It is essential to ensure that not only is your own work protected but also that you are not infringing upon the IP rights of anybody else
  • Defamation law (particularly libel) is a complex and sensitive area of law that arises in relation to statements published about others. Where those statements are untrue and relate to the character or reputation of the person, the law provides protection and injunctions and damages can be awarded. Malicious falsehood is a similar action which involves an untrue statement that is made maliciously, and which causes special damage. Whether you have made a defamatory statement about another person or had a statement made about you, specialist defamation lawyers can discuss the circumstances surrounding the statement to advise you of your legal rights and potential culpability
  • Electronic and internet publishing is a growing area, and publishing law is similarly expanding to deal with electronic rights and e-commerce issues in relation to online publishing regulation.

Other more niche areas of law that affect publishing include data protection and privacy, breach of confidence, advertising and promotion, distribution and export. It is incredibly complicated, and the advice of a specialist solicitor is advised.

If you would like to obtain legal advice on publishing law, Caven can put you in touch with local specialist media solicitors free of charge. So, if you have any questions or would like our help in finding local specialist media solicitors please call us on 08001 221 2299 or complete the web-form above. 

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