Frequently Asked Author Questions (FAAQs)
Welcome to the FAAQS page, where I aim to provide essential answers to help authors navigate rights and publishing contracts. Whether you’re just starting your publishing journey or looking to better understand your rights, this page will cover everything from copyright and royalties to subsidiary rights and licensing. I will guide you through the complexities of rights and publishing contracts, helping you understand what to expect, what to negotiate, and how to protect your work.
If you have additional questions or need personalized advice, feel free to reach out at sinead@st-bookrights.com
What is copyright, and how does it protect my work?
Copyright is a legal right that automatically protects original literary, artistic, and creative works, including books, articles, and poems.
In the UK, it is governed by the Copyright, Designs and Patents Act 1988 and automatically protects your work as soon as it is written or recorded, granting you exclusive rights to reproduce, distribute, and adapt it. This protection lasts for your lifetime plus 70 years, allowing you to take legal action against unauthorized use.
Note: Copyright laws can vary significantly between countries, so it’s important to understand the specific laws in each country where your work is used or distributed.
Do I still own the copyright to my book after it is published?
Yes, under UK copyright law, you own the copyright as soon as you write and record your work in a fixed form.
However, when you sign a publishing contract, you may assign specific rights—such as the right to publish, distribute, or adapt your book—to a publisher while keeping copyright ownership. If you assign the copyright itself, ownership transfers to the publisher, meaning you no longer control the work.
Always review your contract carefully to understand which rights you grant, retain, or transfer.
Do I own the copyright to my book title?
Copyright does not protect book titles, names, or short phrases. However, if your title is distinctive and consistently used in commerce, you may be able to trademark it.
Do I need to register my copyright?
No, UK copyright law automatically protects your work once created and recorded in a tangible form.
However, registering your copyright with the UK Intellectual Property Office can provide extra proof of ownership.
What does it mean if my publisher owns exclusive rights to my book, even if I am the copyright holder?
You retain copyright ownership but grant exclusive rights to the publisher, allowing them to publish, distribute, and adapt your book in specific formats (e.g., print, e-book, audio) and territories. This agreement often includes subsidiary rights like translations and film adaptations.
However, you still hold moral rights, ensuring credit for your work and protection against distortion. Some contracts allow you to reclaim exclusive rights if the publisher does not use them within a set timeframe.
Always review your contract to understand which rights you retain and grant.
If I use AI to help write my book, do I still hold the copyright?
Yes, if you make the creative decisions and write the content, you hold the copyright.
However, AI cannot own copyright, and if a book is primarily AI-generated, copyright protection may not apply. Always check AI tool policies to ensure they do not claim rights over your work.
What are subsidiary rights, and why do they matter?
Subsidiary rights (subrights) allow your book to reach new markets beyond its original publication. These include translation rights, audiobook rights, film/TV adaptation rights, serialization rights, and merchandising rights.
By licensing these rights, you can create additional revenue streams and increase your book’s visibility and longevity.
Can I sell subrights separately, or do they all go to my publisher?
This depends on your contract with the publisher. Publishers often seek exclusive rights to certain formats or territories, such as print, e-book, and audio rights.
It’s important to review your contract to understand which subrights are included in the agreement with your publisher and which ones you can retain or license elsewhere. If you plan to sell or license any subrights separately, be sure to discuss it with your publisher or agent to avoid any conflicts.
Why does my publisher want exclusive rights?
Exclusive rights give publishers full control over your book’s publication, distribution, and marketing, ensuring they can invest in its success.
Non-exclusive rights can complicate licensing opportunities because multiple parties may hold rights to the same work, making it more difficult for publishers to negotiate deals or market the book effectively. In exchange for exclusive rights, publishers usually offer authors an advance and a higher level of support throughout the publishing process.
How can I tell which rights my publisher or agent manages?
Your author contract outlines the rights granted to your publisher (e.g., print, e-book, audiobook).
Agents often negotiate and manage additional rights like translation, film/TV, and merchandising. Your contract’s subsidiary rights clause lists which rights the publisher controls and the royalties you receive.
Always review your contract to understand who manages what.
Can I sell subsidiary rights if my book is Open Access?
It depends on your Open Access license and publishing contract. Many Creative Commons (CC) licenses are non-exclusive, which can complicate licensing.
Even though third parties must request permission to adapt or translate your work, non-exclusivity can create overlapping rights and confusion between authors and publishers. This may discourage foreign publishers from acquiring translation rights and make audiobook or other sublicensing deals harder to secure.
Some publishers are looking into time-limited exclusive translation rights within Open Access agreements, allowing them to submit and secure deals before full Open Access applies. If you want to retain control over subrights, discuss licensing terms before committing to Open Access.
Do I need an agent or a publisher to sell subrights?
Whether you need an agent or publisher to sell subrights depends on which rights you retain in your contract. If you keep subrights, you can negotiate deals independently, but self-published authors may struggle without industry connections. In that case, working with an agent or subrights specialist (like the services I offer) can help. Publishers often have dedicated rights teams with global networks, making it easier to sell translation, audiobook, and adaptation rights while managing challenges like censorship and market restrictions. Ultimately, negotiating which rights to keep or assign gives you greater control over your book’s future.