Providing Digital Invoices in 2013 and Beyond

[Abdul Wahab]

The next publishing industry article addresses a few of the legal issues arising for publishing lawyers, entertainment attorneys, authors, and others as a result of the prevalence of e-mail, the Internet, and so-called "digital" and "electronic publishing" ;.As usual, publishing law generally and what the law states of the digital right and electronic right specifically, governing these commercial activities, has been slow to catch up to the activity itself. Yet all of the publishing industry "gray areas" could be resolved by imposing old common-sense interpretations upon new publishing lawyer and entertainment lawyer industry constructs, like the digital right and electronic right, and others. And if after reviewing this informative article you believe you have a non-jargonized handle on the distinction between "digital right" and "electronic right" in the publishing context, then I enjoy hearing from you and reading your article, too.

1. "Electronic Right[s]" And "Digital Right[s]" Are Not Self-Defining.

All publishing lawyers, entertainment attorneys, authors, and others must be cautious about the utilization of jargon - publishing industry jargon, or otherwise. Electronic and digital publishing is just a recent phenomenon. Although as a publishing lawyer and entertainment attorney and unlike many others, I tend to use the phrase "electronic right" or even "digital right" in the singular number, there probably tends to be no single consensus as to what constitutes and collectively comprises the singular "electronic right" or "digital right" ;.There has not been sufficient time for the publishing, media, or entertainment industries to totally crystallize accurate and complete definitions of phrases like "electronic publishing", "web publishing", "electronic right[s]", "e-rights", "digital rights", or "first electronic rights" ;.

These phrases are therefore usually just assumed or, even worse, just plain fudged. Anyone who suggests why these phrases alone already are self-defining, could be wrong.

Accordingly, anyone, including a publishing lawyer or paralegal representing a guide publisher or entertainment lawyer representing a studio or producer, who says an author should do - or not do - something in the realm of the "electronic right" or "digital right" because it's "industry-standard", should automatically be treated with suspicion and skepticism.

The fact of the matter is, this is a good era for authors as well as author-side publishing lawyers and entertainment attorneys, and they should seize the moment. The fact "industry-standard" definitions of the electronic right and digital right have yet to fully crystallize, (if indeed they ever do), ensures that authors and author-side publishing lawyers and entertainment attorneys can take advantage of this moment in history.

Of course, authors may also be taken advantage of, too - particularly those not represented by a publishing lawyer or entertainment attorney. There is a lengthy and unfortunate history of the happening, well ahead of the advent of the electronic right and digital right. It's probably happened since the times of the Gutenberg Press.

Every author ought to be represented by way of a publishing lawyer, entertainment attorney, or other counsel before signing any publishing or other agreement, provided their particular economic resources allows it. (But I am admittedly biased in that regard). The main publishing lawyer and entertainment attorney's function in representing the writer, is always to tease apart the various strands that collectively comprise the electronic right or digital right. This should be completed with updated mention of the current technology. If your advisor on this aspect is instead a relative with a Smith-Corona cartridge typewriter or even a Commodore PET, rather than an activity attorney or publishing lawyer, then it could be time and energy to seek a fresh advisor.

Even authors who cannot afford publishing lawyer or entertainment attorney counsel, however, should avoid agreeing in writing to offer broad contractual grants to publishers of "electronic publishing" - or the "electronic right", or "electronic rights" or "digital rights", or the "digital right" ;.Rather, in the words of "Tears For Fears", the author and author counsel had "better break it down again" ;.Before agreeing to grant anyone the author's "digital right: or "electronic right", or any elements thereof, mcdougal and his / her publishing lawyer and entertainment attorney need to make a list of all possible and manifold electronic methods the written work might be disseminated, exploited, or digitally or electronically otherwise used. Realize that the author's list will more than likely vary, month to month, given the fast pace of technological advancements. Like, such questions can be considered by the writer and publishing lawyer and entertainment attorney alike:

Electronic Digital Right Question #1, Asked By The Publishing Lawyer/Entertainment Attorney To The Author: Can the work be published in whole or simply on the Internet? In the context of an "e-zine"? Otherwise? In that case, how? For what purpose? Liberated to the reader? For a charge to the reader?

Electronic Digital Right Question #2, Asked By The Publishing Lawyer/Entertainment Attorney washing machine drain hose extension
To The Author: Can the task be disseminated through private e-mail lists or "listservs"? Absolve to the reader? For a demand to the reader?

Electronic Digital Right Question #3, Asked By The Publishing Lawyer/Entertainment Attorney To The Author: Can the job be distributed on CD-Rom? By whom? In what manner and context?

Electronic Digital Right Question #4, Asked By The Publishing Lawyer/Entertainment Attorney To The Author: As to the extent does mcdougal, himself or herself, wish to self-publish this work, either before or after granting any electronic right or any individual "electronic publishing" rights therein to someone else? Will such self-publication occur on or through the author's website? Otherwise?