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Intellectual Property

Literary Copyright

A manuscript is finished, a publisher has sent a contract, or a producer wants to option your novel. Literary copyright decides what you can sell, what you keep, and what you may be able to take back long after the deal is signed.

Reviewed

01 GUIDE

Literary Copyright: what usually happens

What is protected in a book

Copyright covers the original text and expression of a literary work once it is written down, whether a novel, a memoir, poetry, a script, or nonfiction. It does not cover ideas, facts, historical events, or general plot structures, and titles and short phrases are generally not protected by copyright, though a title used as a brand for a series may have trademark protection. Writers working from real events or other books should know that a shared subject is not infringement, while copying distinctive passages, characters, or detailed sequences of plot can be. Registration with the Copyright Office is not required for the right to exist, but it matters if you need to sue.

Publishing and adaptation deals

A publishing contract may grant print, ebook, audio, translation, and foreign rights, and each can be held back or licensed separately. Royalty calculations, out-of-print clauses that return rights to the author, and options on future books are often the points most worth negotiating. Film and television deals usually start with an option, giving a producer exclusive time to develop the project before buying the rights, and the purchase price, credits, and reserved rights are agreed up front. Ghostwriting and collaboration agreements should state clearly who owns the work and whose name goes on it.

Getting rights back

U.S. law gives authors, and in some cases their heirs, a right to terminate many past grants during a window that opens long after the grant, which allows rights to be recovered even from a publisher that kept the book in print. Termination requires advance written notice in a specific form and recording with the Copyright Office, and missed timing can forfeit the opportunity. It does not apply to works made for hire. Bring your contracts, royalty statements, and correspondence with publishers or agents, and we will review what rights you hold now and what may be reclaimed.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

Where we meet clients

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(424) 561-7557

Attorney Advertising. This page is general information about literary copyright and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.