New books

The seventh edition of Clark's Publishing Agreements: A Book of Precedents has now been published by Tottel under the guidance of general editor Lynette Owen. IPKat bloggie Jeremy cherishes some very fond memories of its progenitor, the late Charles Clark, with whom he used to discuss copyright and publishing issues many years ago. He recalls that, when asked for his opinion on a particularly tricky issue, Charles would put into action his three-fold routine of (i) disclaiming any knowledge of the subject at all, (ii) expressing deep surprise that anyone should seek his opinion, then (iii) dissecting the problem with some thoroughly apt analysis and coming up with a pretty good answer.

What the publisher says:

"This comprehensive book provides model agreements, covering a variety of publishing circumstances from head contracts to a range of licensing scenarios. Together with detailed explanatory notes, a series of appendices on related topics and a CD-ROM of all precedents, this text will prove invaluable in drafting effective publishing agreements.

Below: the late Charles Clark, being informative and delightfully polite

Precedents, notes and appendices have been updated, providing you with a comprehensive and accurate legal overview, including

• European Directive 2001/29/EC on the Harmonization of Certain Aspects of Copyright and Related Rights
• UK SI 2003 No 2498 Copyright and Related Rights Regulations
• Brand-new Precedents for Book Series Editor/Publisher agreement and licensing for website use
• Fully updated Appendix on developing and post-transitional overseas markets
• Brand-new Appendix on UK/US territorial issues.

It also includes coverage of updated copyright legislation and developments in the digital age relating to copyright protection and licensing".

What the IPKat says: although only four years or so have elapsed since the publication of the previous edition, the various publishing industries (for publishers come in many different forms these days, many having little in common with one another) have faced a large number of legal amendments as well as technological shifts as increased use of the internet, digital rights management and interactive or consumer-generated dissemination of works continue to bury nails in the coffin of the traditional active-publisher/passive-consumer model. Since they take so many of the commercial risks of publication, publishers are naturally anxious to protect their investment through the twin weapons of contract law and copyright - and this compendium of precedents should provide them (and their legal advisers) with plenty of models upon which they can draw.

Bibliographic details: ISBN 978 1 84592 785 1. Hardback xxii + 675 pages plus CD. Price £78 + VAT at 9%. Rupture factor: substantial - this book is heavier than it looks.


Also in the field of copyright, but definitely not a reference work for practitioners, is New Directions In Copyright Law, Volume 4, the latest in the series of excellent collections of essays edited by Birkbeck, University of London law professor Fiona Macmillan. Published by Edward Elgar, it contains further exploration of the main themes considered in the first three volumes and brings together perspectives on copyright from law and legal theory, political economy, human rights, cultural studies and social theory.

What the publisher says:

"Volume 4 offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law. The volume is divided into six parts. In the first part, the theoretical framework of copyright law is explored through the concepts of the market place of ideas and the public domain. While a number of chapters address substantive aspects of copyright law reform, the second part of the volume contains a chapter that marries substantive questions with issues around the mechanics, limitations and possibilities of the reform process. In the third part, two chapters consider the problematic notion of paternity rights from contrasting disciplinary perspectives. The interface between copyright law and the burgeoning of new technologies is considered through a range of theoretical and methodological approaches. In the fourth part of the volume legal theorists address issues around open access, open source, free software, and the implications of network theory for the relationship between copyright law and the Internet. Moving away from the concerns of so-called ‘high technology’, the fifth part of the volume considers the equally fraught question of the protection of traditional knowledge and cultural property through an analysis of the limits of law. The final part of the volume, which deals with copyright’s uncomfortable relationship with human rights, sees a return to issues around the new technologies with a focus on the political economy of open source software, and on the issue of information access and fundamental rights".

What the IPKat says: please don't take this as a reflection of anything that the IPKat might be doing in his spare time, but he was particularly interested in the two contributions on paternity rights. Jonathan Griffiths' "Misattribution and Misrepresentation: the Claim of Reverse Passing Off has 'Paternity' Right" offers an enjoyable and imaginative interplay of English and US statute and case law, while Stina Teilmann's "It's a Wise Text that Knows its Own Father" has introduced him to some hitherto unfamiliar materials, not least of which is the French litigation in the intriguingly-named case of Garnier v Bastard (1895).

Bibliographic details: ISBN 978 1 84542 263 9. Hardback, X + 263 pages. Price £59.95 (with online discount from the publisher, £53.96). Rupture factor: no problem.