Book Reviews
Every
Writer's Guide to Copyright and Publishing Law, 2d ed.
By Ellen M. Kozak (New York, NY: Owl Books/Henry Holt & Co.,
1997). $9.95. Paper. 142 pgs.
Reviewed by Ramon A. Klitzke
Attorney Ellen Kozak offers a fine, handy guide to general principles
of the U.S. copyright law as it relates to literary works. While not
unduly lengthy, Every Writer's Guide to Copyright and Publishing
Law touches upon every important aspect of copyright law of
interest to authors and lawyers who need a convenient source of
information.
When I reviewed the first edition of this guide (see 63 Wis.
Law. 26 (Sept. 1990)), international electronic communications, as we
know them today, were in their infancy. Now the Internet brings the
world of cyberspace into our homes and offices. By 1999, 200 million
people will use the Internet. Surfers can download copyrighted works
from massive libraries of newspapers, periodicals and books. Justice
Stevens said in Reno v. American Civil Liberties Union, the Web
is "a vast platform from which to address and hear from a worldwide
audience of millions of readers, viewers, researchers and buyers." 117
S. Ct. 2329, 2335 (1997). Clearly, authors and lawyers must understand
copyright law protection.
This mega-outpouring of electronic copyrighted works prompted Kozak
to add a new chapter, "The Global Village and the Information
Superhighway," to her second edition. Because most countries are
signatory to the Berne Convention, have ratified GATT, or have bilateral
treaties with the U.S., we are bound to respect rights of foreign
copyright holders and they should respect our rights. However, many
foreign copyright laws differ markedly from ours. Moreover, some
countries pay only lip service to copyright protection, and enforcement
against foreign piracy of U.S. works is nonexistent. It must be
emphasized that Every Writer's Guide is primarily devoted to
U.S. law. Only one chapter covers international copyright.
The book will lead writers, publishers and lawyers through
complicated mazes of exploitation, infringement, notice, registration
and copyright restoration, to mention only a few. A new chapter on
author collaboration agreements has been added. Every important aspect
of copyright and publishing law is covered. An excellent index allows
the reader ready access to specific topics.
Kozak draws upon her extensive practical experience in advising and
negotiating contracts for authors. She herself has published two novels,
250 articles and an important book, From Pen to Print: The Secrets
of Getting Published Successfully. The Guide quite
effectively supplements that book.
Ramon A. Klitzke, Indiana 1957, N.Y.U.
1958, is professor emeritus at Marquette University Law School, where he
taught for 27 years. His subjects were intellectual property, antitrust
law, unfair trade practices and administrative law.
Chippewa Treaty Rights: The Reserved Rights
of Wisconsin's Chippewa Indians in Historical Perspective
By Ronald N. Satz (Madison, WI: The University of Wisconsin
Press, 1997). $17.95. 272 pgs. To order, call (800) 829-9559.
Reviewed by Laura C. Smythe
Ronald Satz wrote this book to "present an overview of the history of
Chippewa-United States relations leading to the treaties of 1837, 1842,
and 1854 and to examine the consequences of those agreements for
Chippewa and for non-Indian residents of Wisconsin and for the state of
Wisconsin."
This book is not a primer on Indian law, but Satz did not intend it
as such. The author believes that to understand Indian law one must
understand Indian history. His book provides an excellent resource on
the impact Indian history has on contemporary Indian law. He examines
three treaties, analyzing the text of the documents, the words of the
negotiators at the treaty conferences, the social and political factors
that led the United States government to seek treaties with the
Chippewa, and the treaties' ramifications for the Chippewa, the white
settlers and the U.S. government.
Satz argues that Indians' rights must be viewed within the context of
the treaties they entered into with the United States government and
which are the "supreme law of the land." In an extensive appendix, Satz
provides the text of the 1837, 1842 and 1854 treaties. These texts are
valuable resources and clearly describe the treaty framer's point of
view. Satz provides a more complete picture of the treaty negotiations
by looking at both the Chippewa's and the government's points of
view.
The treaties our government formed with many Indian tribes are no
less legally binding than treaties our government has signed with other
governments. The fact that representatives of our government drafted
these treaties, and documented a "cession" of land from the Indians to
the federal government, demonstrates that the federal government
believed it was dealing with another government. Although Satz clearly
believes that the treaties have not been universally respected, he
provides a balanced analysis elucidating the mistakes and motivations of
both sides.
This book is very well researched and well documented. It is an
excellent resource for anyone interested in Wisconsin history, Indian
law, Indian history, and environmental or constitutional law.
Laura C. Smythe, U.W. 1997, Appleton, is
seeking to combine her interests in international law, Indian law and
bioethics.
IRS Audit Protection and Survival Guide for
Attorneys
By Daniel J. Baran, Gerald F. Bernard and James E. Brown
(Somerset, NJ: John Wiley & Sons Inc., 1997). Hardcover. $45. 364
pgs. To order, call (800) 879-4539.
Reviewed by Henry Veit
Some time ago the Internal Revenue Service realized that it must
train its auditors as to the legal and accounting issues that arise when
auditing specific industries. The market segment specialization program
(MSSP) was a result of this decision. Audit technique guides were
developed for specific businesses. Brand, Bernard and Brown, experienced
tax practitioners, have taken the MSSP for attorneys and expanded it
into a book entitled IRS Audit Protection and Survival Guide for
Attorneys. Their preface to the book warns: "Your legal practice
survival depends on total preparation for the impending Internal Revenue
Service attack." The book's purpose is to provide advice to attorneys to
create a "bullet proof" tax return (that is, accepted by the IRS without
change).
The authors have separated the book into four distinct sections:
their editorial section; Appendix A, including selected IRS forms and
publications; Appendix B, the complete IRS MSSP guide for attorneys; and
Appendix C, providing portions of selected IRS pronouncements and
portions of the Internal Revenue Code.
Citations for further study are kept to a minimum and are set forth
at the end of each of the seven chapters.
The first question is whether one should acquire the MSSP guide from
the IRS or acquire the book. I think one's position is improved by
acquiring the book as the authors have made a distinct contribution by
alerting attorney taxpayers and their advisors as to prime audit issues.
The authors do a service when highlighting important items in heavy
black print denominated "warning," "planning tip" and "notes."
Second, who should own this book? Certainly the attorney's accountant
should be aware of the issues that the IRS will raise in audit. The
small law office or sole practitioner should acquire this book for the
same reason.
The authors discuss in an easy-to-understand style taxable income,
allowable deductions and audit procedure. Detailed discussions of when
an attorney can deduct costs advanced, travel and entertainment
expenses, and library expenses are very helpful. The overly long
discussion of the employee/independent contractor issue seems
unwarranted.
After reading this book, attorneys should be well prepared to
understand the audit procedure and the substantive issues that will
arise when their returns are selected for audit.
Henry Veit, U.W. 1961, practices with
Lerner & Veit P.C., San Francisco, Calif.
Practicing
Law Without Clients
By David A. Robinson (Chicago, IL: ABA Law Practice Management
Section, 1996). 98 pgs. Soft-cover. $59.95. To order, call (800)
285-2221.
Reviewed by Beth Koepcke
Practicing Law Without Clients. My first reaction: "Great.
I'll put that one on my shelf, right next to Eating Without
Food." Shortly into this 98-page publication, I'm not so smug. This
guy might be on to something.
For the thousands of lawyers finding themselves weary of difficult
clients, clashes with adversaries and the suffocating pressures of
private practice, for those who enjoy the intellectual aspects of law
but not the actual practice, attorney David A. Robinson has a
suggestion: Become a freelance (a.k.a. "wholesale") lawyer and do legal
research, writing and consulting for other attorneys. The concept is not
entirely new. Busy "retail" attorneys, pressed for time, contract with
wholesale lawyers to do their research and draft their documents. The
wholesale lawyer, in essence, functions as a freelance associate.
Robinson insists that a significant need for wholesale legal services
exists, and that lawyers can make a good living doing nothing but
piecework for other attorneys.
Robinson has traveled the road from "retail" to "wholesale" practice
and this book is very much the story of his own personal journey.
Indeed, within the first chapter we are cheering his ingenuity. His
misery as a solo "retail" practitioner led to a string of odd jobs and
ultimately to the creation of his now-thriving wholesale practice. In
Robinson's view, bar associations should acknowledge the value of
"wholesale" law by establishing sections and referral services devoted
exclusively to this type of practice.
Robinson offers a step-by-step manual for establishing the wholesale
practice. He outlines the services a wholesale lawyer typically
provides, and describes the personal and professional lifestyle a
wholesaler can expect. Chapters are devoted to ethical considerations,
setting and collecting fees and marketing one's wholesale practice. He
discusses practical issues such as office space, equipment and staffing;
the feasibility of maintaining both retail and wholesale practices
simultaneously; the need to "specialize" (and how to do it); and the
need for malpractice insurance and docket control systems. Appendices
offer the complete text of ABA Formal Opinion 88-356 ("Temporary
Lawyers"), and sample engagement and fee agreement letters for use
between the retail and wholesale attorney.
Robinson presents the benefits and drawbacks of wholesale practice
from an experienced, yet objective perspective. If you are searching for
an alternative to the traditional "retail" paradigm, this book invites
you to consider wholesale practice and provides an excellent starting
point for your deliberation.
Beth Koepcke, Pace 1986, recently moved to
Madison from Albany, N.Y., where she concentrated in education law and
appellate practice.
The Tenth Justice (fiction)
By Brad Meltzer (New York, NY: Rob Weisbach Books/William Morrow,
1997). 389 pgs. Hardcover. $23. To order, call (212) 261-6565.
Reviewed by Richard Berkley
Ideally, well-written and edifying fiction or nonfiction legal
thrillers should contain one or more of the following elements: a
tightly woven plot; an inside view of one or more legal institutions; a
close examination of an unusual area of law or precedent; a stirring
courtroom confrontation; important constitutional or moral issues in the
balance; and lively, intelligent and engaging prose to weld the elements
together. These elements work together splendidly in Louis Nizer's
My Life in Court, Jonathan Harr's A Civil Action,
Anthony Lewis's Gideon's Trumpet, Richard Kluger's Simple
Justice, or any of the Rumpole books by John Mortimer, to name a
few quick examples of well-written legal fiction and nonfiction.
Consequently, it is disappointing when one reads a book that does not
incorporate any of these elements.
Brad Meltzer begins his first novel, The Tenth Justice, with
a potentially rewarding premise; his protagonist is a U.S. Supreme Court
clerk who has negligently violated the confidentiality required of his
position. The law clerk, Ben Addison, whom Meltzer describes as
"representing the best of the legal profession," must then make a simple
choice. He could take the moral high road by confessing his mistake and
sacrificing his position, or act selfishly and cover up or fix the
damage his ethical failure created. I will not give away the plot, but
will note that, like a TV sitcom, the story would be over at the
beginning if the character acted morally or intelligently.
Meltzer's principal protagonist is a lowly insider in the Supreme
Court's hierarchy. Consequently, Meltzer could have provided a
fascinating view of how Supreme Court clerks work with their justices to
interpret and explain the law of the land. Indeed, his title's
provocative thesis - Supreme Court clerks function as a "Tenth Justice"
- cues the reader to expect the kind of insider revelations featured in
Bob Woodward's The Brethren or Max Lerner's Nine Scorpions
in a Bottle: Great Cases of the Supreme Court. Instead, Meltzer
offers some trite observations on how the new clerk is at the pinnacle
of his profession and is now one of the most powerful men in America.
Apart from these "insights," Meltzer offers little to his reader apart
from a poorly executed plot about a plan to corrupt the brash young
clerk or trick him into revealing how the Court will decide its upcoming
business cases.
In more accomplished hands this story might have been informative or
interesting. Instead, this reader found himself keeping a mental tally
of the opportunities that Meltzer missed as he sped his narrative toward
its improbable yet archetypal ending.
Richard Berkley, U.W. 1997, also has an
M.A. in Public History from New York University.
Wisconsin
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