Copyright / author's rights

Definition

Copyright (US/UK, common law) and author's rights (France, continental law) protect the form of an original work — not the idea, concept, or genre. In France the split is structural: moral rights (paternity, integrity, disclosure) are perpetual and inalienable; economic rights (commercial exploitation) are negotiated, assigned, time-limited, and medium-specific. Signing a publishing contract almost always means assigning part of those economic rights — not "selling the book," but authorizing someone to exploit it under precise terms.

What it's for

Before sending a Manuscript or signing an offer, understanding rights prevents ten-year regrets: reversion (recovering rights if the publisher stops reprinting), scope of subsidiary rights (audio, translation, audiovisual), territorial exclusivity. For Self-publishing authors, the flip side: you keep everything, but you also manage licenses (platforms, distributors, narration contracts). This entry doesn't replace a lawyer — it gives you the vocabulary to read a contract without signing blind.

Variants by genre

• Traditional publishing: assignment of exploitation on one or more media (print, digital), sometimes limited in duration or territory.
• Self-publishing: you remain rights holder; platforms (KDP, etc.) receive a non-exclusive exploitation license.
• Subsidiary rights: audio, translation, adaptation — often the most valuable long-term; beware "all media" assignments with no cap.
• Collective rights: ALCS (UK), Authors Guild licensing programs — remuneration for lending, private copying, reprography.

Common pitfalls

• Signing "all rights, all media, worldwide, exclusive" with no reversion clause.
• Confusing moral rights (inalienable) with economic rights (negotiable) — believing you "sold your name."
• Ignoring the reversion clause: without it, a book out of print for fifteen years can stay locked with the publisher.
• Assigning audio or translation for a token fee when those rights gain value after print success.
• Self-publishing first, then signing with a publisher without checking rights already granted to platforms.
• Believing © registration or a deposit "creates" the right — protection is automatic at creation; registration serves as proof.

Examples

• Berne Convention — international protection without prior formalities in signatory countries.
• Authors Guild — model contract guides for spotting negotiable clauses.
• WIPO copyright basics — framework for cross-border exploitation.

Writing tips

• Timestamp every major version (national copyright office, email to yourself, Git hash). In a dispute, first-fixation date wins.
• Read the rights-assignment clause line by line: duration (often life + 70 years), territory, languages, formats (print/digital/audio). A blanket assignment binds you for life.
• Negotiate both advance AND royalty rate: 6-10% of retail price is standard in trade publishing. Below 6%, push back or refuse.
• Reclaim your rights on inaction: the reversion clause (book unavailable + notice) can be triggered after ~2 years. Without it, your book sleeps at the publisher's.

Learn more: AI ethics in writing: control, ownership and originality.

Revision checklist

• Does my contract clearly separate exclusivity, territory, duration, and media?
• Is a reversion clause provided if the publisher stops commercializing the work?
• Are subsidiary rights (audio, translation, adaptation) assigned separately or bundled — and at what rate?
• Have I kept a dated copy of the final Manuscript as proof of authorship?