Let’s welcome back monthly columnist Kelley Way as she shares with us “What Happens to My Copyright When I Sign a Publishing Contract?” Enjoy!

***

The Doubts

You’ve been offered a publishing contract — congratulations!

But then the doubt creeps in.

Is this really a good idea? 

What if they decide they don’t like me?

What if they decide they don’t like my book?

What will happen to my copyright after I sign this publishing contract?

That last question regarding copyright in publishing contracts is an excellent one to ask, because the answer depends very much on how the contract is worded.

Let’s do a deeper dive.

When Authors Sold Copyrights

In the old days, when the publishing industry was younger and dinosaurs still roamed the earth, authors sold their copyrights to publishers.

Usually, they got a flat fee out of the deal, though bigger-name authors could bargain for royalties and such.

For example, the original creators of Superman sold their first comic strip to D.C. Comics for a fairly de minimis amount, and then they spent the rest of their careers as employees getting paid a flat salary, while D.C. raked in millions from their creation.

It’s one of the big travesties that pushed the industry to mend their wicked ways.

Licensing Takes Over

Nowadays, it’s much more common to license your copyright.

In other words, you’re not giving them the ownership of the copyright — you’re just giving them permission to use your copyright.

In exchange, you get royalties, and generally, people are pretty happy with the arrangement.

The Range of Licensing Terms

But wait.

We’re not done yet. 

Because publishing contracts vary widely, there’s a range in how broad a license you give them, and for what amount of time.

The bigger publishers typically want as broad and extensive a license as they can get — full and exclusive rights to do anything the author can do, for as long as the copyright lasts.

If you want to hand things off and not worry about it further, then this works fairly well.

But if you have resources to monetize your book yourself (e.g., you know someone who can translate your book or create a good-quality audiobook), you may want to hold some rights back.

Also, be aware that you may feel differently about your publisher in 10 or 20 years — I’ve had multiple authors come to me asking how to get out of a contract with a publisher they don’t want to work with anymore.

Smaller Publishers

Smaller publishers, on the other hand, tend to ask for less.

They’ll typically ask for certain specific rights, and they may limit the term of the license or have a “renewal” period where the parties can decide if they want to continue doing business together.

Again, this works well for some people, while others might prefer the model above.

Questions?

If you would like to discuss copyright in publishing contracts further or have me review your publishing contract to see if you’re comfortable with its terms, feel free to email me at kaway@kawaylaw.com.

***

Want to read more articles like this one Writer’s Fun Zone? Subscribe here.

***

ABOUT THE AUTHOR

Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring writer of young adult fantasy novels. More information at kawaylaw.com.

The post What Happens to My Copyright When I Sign a Publishing Contract? by Kelley Way appeared first on Writer's Fun Zone.