Rights Reversion – A Checklist
So, you’ve found a way to break up with a publisher, via negotations, your contract, or simple good-old solid bankruptcy clauses as they crash and burn.
I’ve been through this, and there are definitely a few things I wish I’d have known, or been aware of, at the time. Note: this isn’t a blog on breaking said contract (there are already great resources out there, like this Writers Beware article), nor one on what to do with your rights once you have them back.
This is a post on that in-between land to help you prepare for those rights to come home.
Final files
Protect Future You from disorganized Past You.
Make sure you have the latest files, final proofread, etc. And I mean editable, word processor files. Depending on how it goes down with your publisher, you might not be able to ask them for it. I always buy an e-copy of my own books, since that won’t disappear from my e-library (it will no longer be available to buy, but existing users will still have access). With some rights reversion, I didn’t have the most recent files (or any at all, well done Past Marie) and really wanted to do a fresh edit. Thankfully, I had the ebooks, but it was a lot of work getting my own words back into an editable format. Save yourself that step and keep all of your files, forever and ever. If you don’t have an editable file, find someone who can help you with IT stuff to get something you can work with.
Also check your contract: Edits and proofreads might remain the publisher’s property. It’s a shitty move, in my opinion, but it’s been weaponized before. Change that final document enough it’s not exactly like what’s already been published. Add a scene, tighten some language, plump up that ending…whatever makes sense for your story.
Platform IDs
This will help you transfer your reviews to future editions.
Make yourself a nice spreadsheet with all your books and their related information from the various sales platforms (at least the biggest ones, like Amazon and Kobo). Grab you ASIN from Amazon, and the complete URL for the ebook AND the print book. The ISBN won’t help after this, since they belong to the publisher, but grab them anyway. Whatevert the platforms use to identify the books, grab it, store it, keep it. Those listings will vanish once the publisher takes down the books. If you have the associated numbers and intend to take the books back out yourself within a certain amount of time (different for every platform, of course), you’ll be able to contact customer service with your handy information and ask them to transfer existing reviews to the new edition.
Official Documents
Some platforms might fight you—this is your armor and your sword.
Keep all official documents regarding your rights reversion. This is going to be super important if anything is flagged as potentially not yours. Amazon is notorious for this—they’ll flag your book as copyright infringement because it was already released on someone else’s (your publisher’s) account. (A necessary flag to stop pirated copies, too, so it’s not all terrible.) If/when this happens, you, like a pro, send them your rights reversion docs, and boom, they restore the listing. Always keep those letters forever and ever, even if it’s just an email. (Ideally it would be a nice official letter, but let’s face it, things at times go sideways fast and you’re allowed to be grateful for just an email or a good contract clause.)
Cover art
Afraid of breaking up with your publisher because you love your cover art? I have good news!
Usually the book cover artist retains the rights to the art (otherwise they’ve signed a shitty contract and that’s further proof that your publisher should be broken up with). Publishers just license the right to use it in certain ways. The art rarely includes the typesetting (aka your title, author name, series name, etc.), but if you’re in love with your cover art and can’t bear to part with it, contact your cover artist and ask them what their contract with the publisher looks like, and if you could licence the art for new editions. You’ll have to pay for that right, of course, but artists deserve their money as much as writers.
Formatting
Love your final editions with their fancy headers? You’re probably not getting that, but it’s okay.
You probably won’t get to use the formatting as-is, since the publisher paid for that (formatting means how your book looks in the end, like with sword chapter headers or what have you). But chances are you can rehire the same formatter, if you know who they are (check the copyright page in your book). Otherwise, there are lots of great folk out there who can help recreate the book vibe you want. Improve it, even!
Comms
If you’re communicating with your fans about the rights reversion, my advice (and feel free to Hulk Smash it—you do you) is to keep it above board and professional. You don’t owe anyone an explanation, especially a public one. Rights reversions can take a few months, too, so it might be best not to piss anyone off. Often, you’ll sign something that says you can’t speak about it, depending on how things ended. That’s industry standard, as far as I can tell (by what people aren’t talking about. Ha). It can be tempting to try to get sympathy from fans and folk in general, but all you’re doing is feeding a fire you can’t control, one that’s well known to turn with the easily shifting winds of social media.
And this brings up to the most important point:
Walk away
Let the publisher go. Look forward, not backward. If it was shitty, I’m so sorry. Some days, it feels like more creatives get burned than uplifted by the publishing industry. Think on what you want to do next. What’s important to you. How you want to proceed. You don’t have to think about taking these books out right away. You’re allowed to just chill, write the next book, play with form, pet a puppy, pick up cross-stitching. Whatever makes you happy. In the end, you got your rights back. It’s more than a lot of people have been able to do. It’s worth celebrating, and part of that celebration is slamming the door on the publisher and moving forward.
No matter which path you choose, I sincerely hope it’s one you enjoy, and I hope you’ll keep sharing your words and hearts. Don’t let bad players crush your stories. Learn to champion them, instead. 💖
If you’ve got more tips for people about to get their rights back, or any questions, feel free to ask! It’s been a few years so I’m sure I’ve forgotten some details. I’m happy to help in whichever way I can. I know this isn’t easy, but if it’s the right path for you, it’s a worthwhile one.