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Intellectual Property

Publishing Copyright

Your publisher has let the book go out of print but still controls the ebook and audio rights, or you are self-publishing and wondering about the photos and quotations inside. Publishing copyright questions usually come down to what was granted, to whom, and for how long.

Reviewed

01 GUIDE

Publishing Copyright: what usually happens

What a publishing contract actually grants

Authors generally own copyright in what they write and license or transfer specific rights to a publisher. A contract may cover print, ebook, audio, translation, film, and other subsidiary rights, each with its own royalty terms, and broad grants of rights in formats not yet invented are common in older and newer agreements alike. Reversion clauses decide when rights come back to the author, and the definition of out of print matters a great deal now that print-on-demand and ebooks can keep a title technically available. Separately, federal law gives authors a right to terminate many transfers after a long period, through a notice process with strict timing windows, which is worth checking for older works.

Material you did not create

Quotations, song lyrics, photographs, maps, and illustrations inside a book may each belong to someone else. Fair use may cover limited quotation for commentary or criticism, but publishers often require written permissions anyway, and lyrics in particular tend to require clearance. Images found online are rarely free to reuse simply because they are easy to download. If you are working with an illustrator, cover designer, ghostwriter, or co-author, put ownership in writing, because commissioned work usually stays with its creator unless a signed agreement transfers it or validly makes it work made for hire.

Bringing a publishing question to us

Bring the publishing agreement and every amendment, royalty statements, correspondence about reversion or new formats, and any permission letters you obtained. If a dispute is brewing, note when the other side first used the rights you question. Registration with the Copyright Office is generally required before suing over a US work and affects what remedies are available, so we check registration status early. A first conversation usually clarifies which rights you still hold, which you can reclaim, and whether a negotiated revision or a formal notice is the more practical step.

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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Attorney Advertising. This page is general information about publishing 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.