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.
What are royalties, and how do they work?
Royalties are payments earned from the sale, use or licensing of a work or product. They are typically calculated on either the retail price or the net receipts, depending on the contract.
Royalty rates can vary by format — such as print (hardback or paperback), eBook or audio — as well as for sublicensed editions, including translations or adaptations.
Payments are made once any advance or minimum guarantee has been earned out.
What’s the difference between an advance and royalties?
An advance is an upfront payment made against future royalties, and no additional royalties are paid until the advance has been fully recouped.
Not all agreements include an advance, particularly in academic or specialist publishing.
If sales or sublicences do not generate enough income to cover the advance, it is not normally repayable, although this depends on the terms of the contract. In most cases, the payee keeps the advance as a guaranteed minimum payment for granting the rights.
Are royalty rates negotiable with publishers or agents?
Royalty rates are often negotiable within reasonable limits, particularly for rights holders with a strong track record or high-value titles.
Agents can advise on and negotiate improved rates, thresholds or definitions.
Rates vary by format (print, eBook or audio), binding (hardback or paperback) and sales channel. They also differ across publishing sectors.
For trade books, rates may escalate once sales pass certain thresholds. Subrights income also varies: trade contracts often grant higher shares than academic contracts: translation rights are often around 75% in trade; by comparison, academic publishing offers around 50%. Illustrated titles may have lower base rates due to higher production costs.
A full breakdown of royalty rates is included in each contract. It is important to read these carefully to understand what each rate refers to, and to check with the publisher or agent if anything is unclear.
How often will I receive royalty payments, and how can I track them?
Royalty statements are usually issued biannually or annually, depending on the terms of the contract. They detail sales, subrights income and any deductions.
Some publishers or agents also provide online portals or digital reports for real-time tracking.
It is important to keep track of when statements are due and to make sure your contact and payment details are up to date with your publisher or agent. This helps avoid missed payments or reports later on.
What happens to my royalties if my book goes out of print?
Once a title is declared out of print, the publisher typically stops selling and distributing it, so royalty payments usually cease because no further sales are made. Some royalty payments may still be issued after a book is declared out of print, reflecting residual sales or stock clearances.
Always check your contract for how out of print is defined and what triggers the clause, as this can vary depending on the format. Digital editions and print-on-demand can complicate this status, as they may keep a title technically available.
NB: Royalties are not paid on second-hand or used book sales, as royalties are only earned on the original sale of new copies.
How are royalties shared in co-authored or edited books?
Royalty splits are usually set out in the publishing contract or a separate contributor agreement. Income may be divided equally or according to each person’s contribution or role, for example, editors, lead authors or chapter authors.
In edited collections, editors often receive the royalties, while contributors are more likely to receive a flat fee or complimentary copies.
Agreements should also make clear how subrights income (such as translation or adaptation deals) will be divided.