How to Get Your Book Rights Back from a Publisher

If you’re thinking of getting your rights back, here’s what you need to know about publishing contracts and your options.

Traditional Publishing Contract Elements

Publishing contracts are full of legalese. To simplify, here are the main sections you’ll find:

• Parties and Dates: Author, publisher, and affiliates involved, as well as contract dates.
• Assignment of Rights: Which rights (print, digital, audio, etc.) you are granting the publisher, including territories and subsidiary rights.
• Responsibilities: Publication, marketing, and other deadlines, including the publisher’s right to edit.
• Payment: Advances, royalties, and payment schedule.
• Reversion Clause: How and when you can get your rights back (if applicable).
• Contract Duration & Termination: Conditions under which the contract can be ended.
• Representations and Warranties: Author’s promises – e.g., the work is original and not infringing on others’ rights.
• Indemnities: Author will cover legal costs if the publisher is sued over the book.
• Miscellaneous: Use of your name and likeness, options on future works, and applicable law.

Before you sign any contract, it’s highly recommended that you review it with a literary agent or intellectual property attorney to make sure your rights are protected.

How to Get Your Rights Back

If you’ve already signed a publishing contract and want to get your rights back, follow these steps:

1. Determine Who Holds Your Publishing Rights
First, check who holds the rights to your book – print, digital, and audio. If you went traditional, you’d likely have assigned many rights to the publisher. If you self-published or used a supported self-publishing service, you probably retained most of your rights. If unsure, review your contract or consult an intellectual property attorney. Also, check who holds the rights to any artwork or illustrations – e.g., the book cover.
2. Look for a Reversion Clause
Most publishing contracts have a reversion clause, which allows authors to get their rights back if certain conditions are met. These conditions might be:
• A time period (e.g., you can request your rights back three years after publication).
• Sales thresholds (e.g., you can request a reversion if the book earns less than a certain amount in a year).
If you have a reversion clause in your contract, review the terms to see if you’ve met the conditions. Some contracts have reversion provisions in the termination clause, so be sure to check both.

2.1 What if There’s No Reversion Clause or You Haven’t Met the Conditions?

If you don’t have a reversion clause or you haven’t met the thresholds yet, don’t panic. You can still negotiate with the publisher. Many publishers will discuss rights reversion if they have no plans to promote your book. For example a publisher might be willing to revert foreign rights or audiobook rights and keep print rights. Just make sure you understand any consequences – e.g. repaying an advance – before you make the request.
3. How to Request Rights Reversion

The best way to request rights reversion is to write a formal letter to the publisher. If your contract requires written notice, make sure to send it by registered mail so you have proof of delivery. The publisher will have a set time to respond. If you have an agent, ask if they will handle the request for you. If not, you’ll need to contact the publisher yourself. Getting your book rights back from a publisher is a complicated process, but knowing your contract is key. Whether you have a reversion clause or not, you may still have options through negotiation. Just make sure to follow the right legal steps and consult professionals when needed.