A common issue I encounter with traditionally published authors is wanting to get their rights back from their publisher, but they are blocked by red tape or the terms of their contract. This article will walk through how and when you can get your rights back.
A typical publishing contract asks for all your copyright rights for the full length of the copyright term. The only way the author can terminate the contract and get their rights back is if the book goes out of print. With these contracts, the key is to define what “out of print” means, because with print on demand, a book will almost never go completely out of print. Instead, “out of print” should be defined as 1) sales dropping below a certain dollar amount or a certain number of books sold, 2) over a set period of time, e.g., a year. Once these terms are met, the contract should outline a simple process to demand and receive your book rights back.
A less typical, but more author-friendly, contract will limit the amount of time the publisher has the rights, and/or require a renegotiation or renewal after a set amount of time. With these contracts, you can simply wait until the time comes to get your rights back or renegotiate.
I like the idea of the author having the right to terminate at any time with sufficient notice to the publisher, but I have yet to see such a clause in a publishing contract. Perhaps an author with sufficient clout can work it in and start a trend.
And if all else fails, there is always the termination right. The termination right allows you to get your rights back after 35 years, no matter what the contract says. There are certain formalities that must be observed, and a certain time window to give notice to the publisher, but if you do it correctly, the publisher has to give the rights back. The only real downside is how long you have to wait to exercise it.
If you have questions or would like me to review your contract or discuss getting your rights back from a publisher, you are welcome to email me at kaway@kawaylaw.com.
