Thursday May 13, 2021

AC-I-63 “Get Agreements in Advance of Production”- Interview with IP Attorney Kelley Way

Expanding on a topic introduced in the previous podcast episode, “DIY Snags - Those Little Things You Might Not Think Of,” Intellectual Property Attorney Kelley Way answers Host Becky Parker Geist’s insightful questions that every author and others involved in an audiobook production need to ask about getting agreements before production in order to keep things clear and to avoid the clash of differing expectations on critical issues later in the production process, and shares what to do to protect your project and everyone affected.  

 

Attorney Kelley Way answers some very important basic questions that all can benefit from asking and getting answered with direct, simple, practical answers that lay people (non-legals) can understand and use in contractual situations.

 

Kelley answers such basic questions as: 

Why do we need to have a contract and who writes a contract? 

What do we need to put in a contract? Core elements

When & how each party gets paid.

Differing expectations about what’s going to happen next or what each one is getting out of the deal.

Do you need an attorney? Useful vs. legally required. 

Red flags in terms of friendship vs. a business arrangement. 

Who owns the copyright? Who’s doing the work? Who owns the work? 

Who decides in a matter of disagreement? On what basis? 

And more.

 

Kelley clarifies the roles of expectations and interpretations, the fears and benefits of discussing money earlier rather than later, reasonable negotiations, industry standards, clear communication, fair and equitable agreements in working on a project toward the same goals. She defines some legal terms such as “Work for Hire” and its legal meanings, “Rule of Law” in court, Doctrine in Rule in Copyright Law, and points out the complications when things are misinterpreted, depending upon perspective. Kelley also explains why cases get to court, mediation, or arbitration, and how to avoid those scenarios. She shares the hopeful news about the legal system working to make legal language less complicated and more understandable to lay people.  

 

Join Host Becky Parker Geist and Intellectual Property Attorney Kelley Way in this in-depth examination of the best ways to create intellectual agreements to create value and to know what should be included in that conversation.

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