Navigating Author Rights

Navigating Author Rights

Welcome to the intricate web of authorship in 2024, where the realms of print-on-demand (POD) and traditional publishing intersect, offering authors a myriad of pathways to share their knowledge and stories with the world.

In this article, we embark on a journey through the labyrinth of author rights and copyright essentials, exploring how these principles manifest in the dynamic landscapes of POD and traditional publishing.

I promise I kept it as short and to the point as possible.

Copyright Essentials

There are 3 important aspects of copyrights:

  1. How is copyright obtained?
  2. Ownership transfer
  3. Protecting copyrights

The first one is easy: If you write something, the copyright is normally automatically yours (unless, for example, you are writing for an employer).

The second and third need to be seen in the light of your publishing strategy.

In the realm of print-on-demand, copyright protection takes on a nuanced dimension, reflecting the democratization of publishing in the digital era. Authors who choose to self-publish via POD platforms retain full ownership of their creative works, exercising control over distribution, pricing, and licensing.

This autonomy empowers authors to explore niche markets, experiment with unconventional formats, and reach readers across the globe without the constraints of traditional publishing gatekeepers.

However, with great power comes great responsibility, as authors must remain vigilant in protecting their works against infringement and unauthorized use.

On the other hand, traditional publishing introduces a more complex dynamic, where authors often relinquish certain (or all) rights to publishers in exchange for advances, royalties, and promotional support.

In this traditional model, copyright ownership may be shared between the author and the publisher(s), with publishers assuming responsibility for protecting authors' rights and exploiting their works through various distribution channels.

So in short: The copyrights are automatically yours until you choose to sell them. But how do you document you are the original creator?

  1. Email your work to yourself to get a timestamp
  2. Publish your work in a book (publication date)
  3. Register your work in official channels (more relevant in some countries than others)

Disclaimer!

I am not a legal counsellor and I advise you to seek professional advice if in doubt.

Useful links - US:

  1. U.S. Copyright Office : Official website providing comprehensive information on copyright laws, registration, and resources.
  2. The Authors Guild : A professional organization advocating for authors' rights, offering legal advice and resources on copyright protection.

Useful links - UK:

  1. Intellectual Property Office (IPO) : The official government body responsible for intellectual property rights in the United Kingdom, providing information and resources on copyright, patents, trademarks, and designs.
  2. Society of Authors : A professional organization in the UK that supports and protects the rights of authors, providing legal advice, contract assistance, and advocating for fair terms and conditions for writers.
  3. UK Copyright Service : An independent organization offering copyright registration services and guidance for creators in the UK, helping to protect their original works and intellectual property rights.

These resources should provide you with comprehensive information and support regarding copyright laws, registration, and protection in the United States and the United Kingdom.

Image from Canva

Contractual Considerations

In the realm of print-on-demand, contracts serve as the cornerstone of author-platform relationships, dictating the terms of engagement between authors and POD service providers. These contracts typically grant authors full ownership and control over their creative works, allowing them to retain copyright and exercise autonomy in all aspects of publication, distribution, and pricing.

In theory, authors must carefully review and negotiate contract terms to ensure that their rights are protected and that they receive fair compensation for their efforts. In practice, there is no way you can negotiate any of those terms so instead I suggest you educate yourself to understand how it works before choosing a platform.

Key considerations in POD include:

  • Royalty rates and payout frequency
  • Distribution channels
  • Termination clauses
  • Exclusivity
  • Ownership
  • Return policy
  • Print and trim size options and quality
  • Reversion terms
  • Marketing support

Contrastingly, in the realm of traditional publishing, contracts often involve a more complex negotiation process, where authors may be required to relinquish certain rights to publishers in exchange for editorial, marketing, and distribution support.

These contracts typically grant publishers exclusive rights to publish, distribute, and exploit authors' works in specified formats, territories, and languages, with authors receiving advances and royalties based on sales performance.

However, authors must carefully review and negotiate contract terms to ensure that their rights are protected and that they receive fair compensation for their creative contributions.

Key considerations in traditional publishing contracts include:

  • Rights granted
  • Royalty rates and payout frequency (not to mention delays to the first payout)
  • Advances (and under which circumstances it is to be returned)
  • Subsidiary rights
  • Termination clauses
  • Marketing support
  • Requirements to write new editions (I have seen examples of contracts in which the publisher claimed the right for the author to pay for someone else to write it - in the author's name!)
  • Conditions for buying back rights
  • Formats (never sign anything that says "future formats")

... and something that is hardly ever stated: For how long is the publisher committed to marketing the book and what happens when they choose to stop doing that?

Image from Canva

Plagiarism Protection

Plagiarism, the spectre that haunts every author's nightmares, poses a significant threat to the integrity of creative works in both POD and traditional publishing realms.

In the age of digital proliferation, authors must remain vigilant in detecting and combating plagiarism, if they want to make sure nobody uses their material without permission.

From digital fingerprinting technologies to vigilant monitoring of online platforms, authors can safeguard their works against infringement and preserve their reputations as original creators. The question is if it's worth the effort.

To me, the dealbreaker is if someone is profiting from my content. I will not accept that. If I come across someone who uses my material without my permission, I will reach out and ask them to remove it. So far, I never had to go beyond that.

The biggest worry for many authors is that readers will gain access to free copies. I think you shouldn't worry about that if your book is part of a lead generation strategy. In that case, we want it in the hands or ears of as many as possible and have mechanisms in place to convert readers into customers.

Anyway, people who won't pay for your book aren't potential customers. Let it go and spend your energy on building your impact in the world.

If plagiarism is a serious concern for you, this might be one of the few reasons to consider traditional publishing. Publishers typically have dedicated legal teams and resources to monitor and enforce authors' rights, including copyright registration, infringement detection, and legal action against violators. Additionally, some publishers have established relationships with digital content platforms and distribution channels, allowing them to quickly identify and address instances of plagiarism or unauthorized use.

Learn more:

  1. Grammarly : This favourite tool of mine can do so much more than spell-checking and grammar correction. Checking for plagiarism is one of them.

Copyscape : An online plagiarism checker that helps authors and website owners detect duplicate content and protect their intellectual property.

A couple of years ago, I interviewed Nuzayra Haque, a US?attorney?specialising in legal matters for course creators, we dived into several aspects relevant to nonfiction authors.?

You can listen to it on iTunes , Spotify, Google Play or whatever your preferred platform is. You can find the links on the Publishing Rebel website or watch the interview on YouTube .

Image created by Canva AI

Finally, I need to mention AI.

The principal rule is that content generated by AI is original and in most cases, copyrights belong to you. However, copyrights for AI-generated content are being debated and there are blurry areas. I suggest you use AI as an assistant but do your own editing.

Also, be aware that since nobody knows where this will end, publishing platforms currently require information about the use of AI in your book. At this point, I doubt they detect it but they probably will in the future.

Listen to this interview with Dave Chesson , one of the top figures in the self-publishing industry, to learn more.

NEWS

Apple introduces podcast transcripts

This spring, Apple is introducing transcripts on Apple Podcasts, making it easier for anyone to access podcasts. Touch and hold a podcast episode to reveal an option to view a transcript. Transcripts are also available to download in Apple Podcasts Connect, providing a shortcut to providing a transcript for your corresponding blog post on your website.

New business model threatens bookstores

3 million fans in every country of the world have joined Sooper Books , a book streaming service that offers a wide variety of original, world-class stories and audiobooks for children on any internet-connected device. You can read or listen as much as you want, whenever or wherever you want. 100 stories are available free of charge or you can subscribe to all 200+ stories for £2/month. You might have seen Sooper Books on Dragons Den.

Web3-publisher Book.io reports 200K units sold

First of all, web3 is a completely different internet based on blockchain technology. I am certain this is the internet that will win long-term. And it entails great advantages for authors and publishers. You can read more about that in my previous book NextGen Author . We are still waiting for easy-to-use author services to publish books as NFTs and service providers still focus mainly on fiction as collection items. It is worth noting, however, that people are, in fact, purchasing NFT books! The most interesting aspect of this is DIGITAL OWNERSHIP - the author owning and being able to resell digital books which is not possible in the traditional business models.

?? The Short Rebel News ??

  • Published Authority, our author programme, is open for enrolment. Book a call here to see if you qualify and it's the right fit for you. The programme will help you finish your book in 90 days, leaving the rest of the 12 months to kick ass in your marketing!
  • We are only planning one book writing retreat in 2024. It will again take place in Nerja, close to Malaga in Spain. You can still join us! (end of May 2024)
  • I am hosting a meet-up for self-publishers in Newcastle on June 17, 2024, at 4 PM. I’d love to see you there! It’s the day before Atomicon, hosted by my good friends Andrew & Pete happens. You should check out their event !


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