Columns > Published on April 30th, 2014

Writers: Do You Need A Lawyer?

Like death and taxes, lawyers are one of those unpleasant necessities in life.

At some stage, whether it’s buying a house, writing your will, starting your own business, or getting into a dispute, you will probably need the help of a lawyer. And it’s not the lawyers themselves that are unpleasant (can I admit to a little bit of an ironic laugh whilst typing that?), it’s just that the fees they charge aren’t something your average American can afford.

So, as an author, will you need a lawyer?

Like any question involving the law and lawyers, the frustrating answer always is: it depends on your circumstances. In the case of authors, it’s easiest to break these circumstances down into what type of author you are: Are you a self-published author? An independently published author? An author with an agent? Or perhaps you’re a hybrid author who has an agent and also self-publishes.

Self Published

As a self-published author, there are two main circumstances where you may need a lawyer:

  • where you’re concerned about liability in relation to specific aspects of your manuscript  that may be contentious when it comes to copyright and/or defamation; and
  • where you intend on entering into agreements or contracts with professionals in the creative industry to assist with your manuscript – editors, proof readers, publicity agents, etc.

If these two circumstances don’t arise, it’s unlikely you’ll need any legal assistance to publish your manuscript.

At the very least, have a second set of eyes look at any contracts you intend on signing – it’s always good to have a second opinion...

If you can’t afford a lawyer, you can always look around for lawyers who do pro-bono work in the publishing industry. And if that doesn’t turn out to be an option, at the very least, have a second set of eyes look at any contracts you intend on signing – it’s always good to have a second opinion and a person to bounce ideas off if something doesn’t seem right.

And you can always discuss copyright and defamation concerns with your author friends, of course, but be hesitant of any advice from people who are not industry experts. For the gazillionth time on social media, I recently saw an author swear black and blue that you can use two lines of lyrics in your novel — which is untrue, as mentioned previously in this column. American copyright law looks to quality, not quantity. If those two lyrics are integral to the song, you could be in trouble.

Indie Published

In my opinion, this is the situation where you are most likely to need a lawyer. You’re definitely going to have a contract (and I would run like the hounds of hell were on my feet if an independent publisher did not offer a contract!), and you don’t have the benefit of an agent to explain the clauses or to negotiate the clauses on your behalf.

Naturally, the need for a lawyer also depends on whether it’s your first novel being published. If you’ve previously negotiated a deal on your own, you’re probably familiar with how publishing clauses operate and you know what to expect from a contract and what to ask for. And it can also depend on the relationship you have with your publisher. If you have close contact with your publisher, you may be comfortable listening to their interpretation of clauses and taking their advice. If you don’t have this sort of relationship with them, you may need the advice of an independent expert in the area.

Agent Represented

Aside from selling the rights to publish your manuscript, agents also have a thorough understanding of publishing contracts.

They’ll explain clauses to you, and if your agent is a junior agent, they always consult with more senior agents on contract interpretation and negotiation. They understand issues that may not be obvious to an author, like which clauses can be crappy for you further down the track (such as giving away certain rights for film and television) and they also understand the practical effect of clauses, so they know how clauses should be structured for royalties statements.

If you have an agent, you may need a lawyer for a dispute, but it’s unlikely you’ll need a lawyer’s assistance for your contracts.

Hybrid Authors

Hybrid authors are usually commercial savvy. They’ve got an agent, they’ve seen publishing contracts, they know what royalties statements are and how they should be audited, and what normal rights clauses look like. And they’re savvy enough to know what to self-publish outside of traditional publishing deals. It’s unlikely they’ll need a lawyer — a weird clause in a contract would stick out like a red thumb to them, and they probably have a close enough relationship with their agent to run any odd clauses past them.

What's your experience? Are there any other circumstances where you think you might need a lawyer? 

About the author

In a previous life, Jessica worked for 12 years in the legal industry, with her last purely legal role being the corporate counsel for a property management company in Australia. Since then, she’s been the editor for an online literary journal and currently manages a music/tech start-up. She also freelancers as a contract lawyer and content producer, and writes regular columns for Litreactor and Gypsy Girl.

Jessica’s fiction and poetry has appeared in or is upcoming in Andromeda Spaceways Inflight Magazine (Aus), Beware the Dark (UK), Kaleidotrope, Plasma Frequency Magazine, and Pantheon Magazine.

She loves swimming, and like Peter Singer, considers herself a flexible vegan and focuses on the welfarist approach to animal rights.

Similar Columns

Explore other columns from across the blog.

Book Brawl: Geek Love vs. Water for Elephants

In Book Brawl, two books that are somehow related will get in the ring and fight it out for the coveted honor of being declared literary champion. Two books enter. One book leaves. This month,...

The 10 Best Sci-Fi Books That Should Be Box Office Blockbusters

It seems as if Hollywood is entirely bereft of fresh material. Next year, three different live-action Snow White films will be released in the States. Disney is still terrorizing audiences with t...

Books Without Borders: Life after Liquidation

Though many true book enthusiasts, particularly in the Northwest where locally owned retailers are more common than paperback novels with Fabio on the cover, would never have set foot in a mega-c...

From Silk Purses to Sows’ Ears

Photo via Freeimages.com Moviegoers whose taste in cinema consists entirely of keeping up with the Joneses, or if they’re confident in their ignorance, being the Joneses - the middlebrow, the ...

Cliche, the Literary Default

Original Photo by Gerhard Lipold As writers, we’re constantly told to avoid the cliché. MFA programs in particular indoctrinate an almost Pavlovian shock response against it; workshops in...

A Recap Of... The Wicked Universe

Out of Oz marks Gregory Maguire’s fourth and final book in the series beginning with his brilliant, beloved Wicked. Maguire’s Wicked universe is richly complex, politically contentious, and fille...

Learning | Free Lesson — LitReactor | 2024-05

Try Reedsy's novel writing masterclass — 100% free

Sign up for a free video lesson and learn how to make readers care about your main character.

Reedsy Marketplace UI

1 million authors trust the professionals on Reedsy. Come meet them.

Enter your email or get started with a social account: