Authors, beware of Amazon’s Copyright Grab!

My publisher recently received a notice from Amazon suggesting the idea of giving away copies of my two books, Amalfi Blue and Shrouded in Pompei.  Amazon’s angle was to increase sales and allow me to promote my books across social media platforms.  No purchase was necessary by the entrant and it’s not really clear who was paying for the cost of the prizes.  Certainly, I was not going to receive money if nothing was being sold.

OK, the free giveaway sounds good so far, right?  Wrong.  If it sounds too good to be true, it generally is!  Lucky for me, I happen to be a really good lawyer and cherish my creative copyrights because the red siren of doom sounded as soon as I read the fine print in Amazon’s Giveaway Services Agreement.

To the uninitiated laymen…you’re screwed if you use Amazon’s Giveaway…in my humble opinion.  Look at the Definitions section.  Amazon defines “Your Material” as “all Technology, Your Trademarks, Content, information, data, photographs, images, videos and other materials and items provided or made available by you or your Affiliates to Amazon or its Affiliates.”

CopyrightThen scroll up to Paragraph 5 and check what type of license you are granting to Amazon:

“You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, excerpt, analyze, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights; provided that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).”

So why does this scream – “put on the brakes?”

  1. Royalty free – that means they don’t have to pay you to use your creative material or content.
  2. Create derivative works – that means they can make a movie or merchandise your characters when the book is a bestseller…again without paying you any royalties.
  3. Sublicense the foregoing rights – that means they can sell your rights, now their rights, to any third party

It amazes me how Amazon continually tries to exploit independent authors who have become the lifeblood of their Kindle revenue stream.  Writers, always, always read the fine print of any Terms & Conditions before signing up for anything that sounds just too good to be true.  You risk giving away your intellectual property rights for a free book giveaway!

Cross Border Estate Planning in Italy

I’ve previously discussed what to do with your Italian inheritance but let’s look at cross border estate planning when you are now the individual who owns property or a bank account in Italy.  What do you do when it comes to drafting your will and making sure your heirs get their assets, both in the United States and Italy, as easily and quickly as possible?

Italian InheritanceIn my years of international practice between the United States and Italy, there is one thing I have learned…Italy does not like the way we draft documents in the US.  Despite international treaties which afford apostilled, US-drafted documents recognition in Italy, they do things a bit differently across the Atlantic.

It is essential to work with an estate attorney who can assist you with drafting a will that can be used in both countries.  Key clauses would allow a will which is drafted and probated in New York, for example, to also be used in the succession process in Italy.

Working with a foreign legal consultant from Italy, we can include the exact phrases necessary to pass muster with Italian law; collate the requisite supporting documentation and obtain the apostilles to initiate probate in New York and succession in Italy with little fuss for most estates.

Believe it or not, as fussy as they are with their documents in Italy, it is not necessary for an attorney to undertake succession (probate) in Italy.  That fosters an environment of many individuals and online companies offering to undertake succession with very little knowledge or experience in international law.  It is much better to plan your estate carefully in the United States, with attorneys well-versed in the process in Italy and in the U.S., with the goal of also making the estate process much easier for your heirs in Italy.

Recalling Al DelBello

Westchester lost one of its great sons today.  Former County Executive and Lt. Governor Al DelBello has died at 80 years young.

Al DelBello

Al DelBello/courtesy

We came up together, so to speak. Mr. DelBello’s political career and my journalism career were on parallele timelines. I was a young cub reporter spending lonely weekend nights looking for news.  Al always had something for me.  I would call him at home nearly every Sunday night in the early 80s.  If Dee, his lovely wife, answered, she would kindly call him to the phone and we would create news on the spot.  He never brushed me off.  He never thought this local kid reporter was too inexperienced to bother with.  No, he took his time and always gave me a tidbit to leave for the news desk come Monday morning.  I miss those calls.  They don’t make politicians like Al DelBello any longer.  Honest, caring, every man and woman’s leader.

I hadn’t seen him in about two years.  The last time was at one of Dee’s business breakfasts. They always stood by and supported each other. They don’t make love like that any longer either.

Rest in peace Al DelBello. You will be missed.