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Discussion Starter · #1 ·
They were seeking info on Kismet's Kiss. I want to be giddy, but also cautious. (So my :D is fighting with my ???.) I think the publisher (ARVO Basim Yayin) has contacted several other KBers over the last year or so.

I did spot these links: http://www.kboards.com/index.php?topic=66864.0
and http://normapplegate.blogspot.com/2011/07/indie-author-released-in-turkey.html

The publisher has a website, but Google Translate only goes so far. Based on the second link in particular, I'm guessing the company is legit, but... Have any KB authors here actually been paid yet? Anyone know which agents have actually worked with this particular company? (I let my agent go several years ago, so if this goes forth I'd want to find another one--or an IP attorney--to handle foreign rights contracts.)

Thanks for any light you can shed!
 

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Cate Rowan said:
--or an IP attorney--
This. Always consult a professional for contract advice. And no offense to agents, most of them aren't legal professionals. Contracts are an attorney's bread and butter, and you'll pay a hell of a lot less than 15% of everything you ever make on the deal.
 

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Discussion Starter · #6 ·
Thanks for the congrats, folks! I don't want to do my Happy Dance yet until I make sure things are on the up-and-up, but I definitely appreciate the well-wishes.

Dave, I've been enjoying your blog. Sibel, yes, great idea to get in touch with Norm and find out if he's still happy. It's only been a few days since his post, so I imagine he is, but still. :)

As for agent vs. IP attorney, I tend to agree, particularly on domestic rights. Still, I think it depends on the situation, and we all know how fast things are changing in this industry. Foreign rights are a whole other kettle. I know someone who is both agent & attorney and I might stop there first. But I'm hoping someone here will know more about this publisher (or have contacts who've dealt with them) and know of anything to keep an eye on...
 

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Cate Rowan said:
As for agent vs. IP attorney, I tend to agree, particularly on domestic rights. Still, I think it depends on the situation, and we all know how fast things are changing in this industry. Foreign rights are a whole other kettle.
Well, I happen to be an IP attorney, and I can tell you that the dollar amount of the overwhelming majority of foreign rights sales (particularly to smaller markets, such as Turkey) are small enough that you'd be significantly better off giving 15% of your deal to a foreign rights agent (and I do mean a foreign rights agent...not a US agent, who would then contract with a foreign rights agent to handle the deal, so you'd really be paying 25%) than paying a flat fee for the hourly rate that it would cost you if you hired an IP attorney.

However, if you want to hire an IP attorney, remember that not all IP attorneys are created equal. (And I'm not being a brat by saying that.) "Intellectual property" is a large term used to describe patent, trademark, copyright, etc, and the overwhelming majority of attorneys who are "IP attorneys" are actually patent attorneys, since that's where the money is and where the jobs are. And patent attorneys for the most part don't know anything about publishing contracts, because there's no reason for them to. They're trained first as scientists, and then later as lawyers. Their speciality is writing patents for inventions, not book deals.

Even amongst the so-called "soft IP" practitioners, while copyright law is where all the sexy issues come into play, trademark law is where the money is (and where the jobs are). So most "soft IP" lawyers are trademark specialists, and probably know a good deal about copyright (but only in the classroom sense, because they've never actually handled a copyright case), and have certainly never handled a book deal.

What you'd be looking for is a "literary attroney", which isn't technically an IP attorney, although most practice both publishing law and IP (copyright and trademark) law.
 

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Discussion Starter · #12 ·
Interesting, Amanda...I didn't realize that literary attorneys aren't a subset of IP attorneys! Learn somethin' new every day.

And I'm paying attention to the advice and just rejoined PM to sleuth foreign rights agents. :)
 

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Cate Rowan said:
Interesting, Amanda...I didn't realize that literary attorneys aren't a subset of IP attorneys! Learn somethin' new every day.
It's more overlapping circles in a Venn diagram. Like I said, MOST literary attorneys also practice copyright and trademark law, but it's mostly contract law at work here (and some employment law sometimes), which isn't IP. Although IP does play a very big role, since if it wasn't for the intellectual property, there wouldn't be anything to negotiate in the contract.

But really, the specialty you're looking for is "literary attorney" or "publishing attorney, not "IP attorney." Although most literary attorneys also practice IP, it's not so the other way around.
 
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