Untangling the Mystery of Book Ownership—What Every Author Needs to Know
After all the hours, seemingly endless writing, editing, more revisions, self-doubt, hair-tearing frustration, and the anguish of publication, the moment has arrived. You finally hold it—your book. This is more than ink on paper; it’s the manifestation of your ideas, your effort, and your vision. But wait … is it truly yours? Or is the reality of ownership simply an illusion?
Who actually owns your book once it’s published? Most authors would probably answer, “I do.” Yet, that may not be entirely true. In reality, the author’s claim to ownership is no different from that of any reader who purchases a copy.
Book ownership isn’t just writing a book and then expecting to own the finished product. Instead, who owns the book is a tangled web of copyright laws, distribution rights, and creative control that determines who gets to sell, adapt, and profit from your work. The publishing industry is in a constant state of flux, with endless landmines just waiting for an unwary author. As an author and publisher, I speaketh of what I know because I’ve stepped on a few.
Understanding book ownership is crucial because it directly impacts an author’s ability to control their creative work. Whether the author is self-publishing, working with a hybrid publisher, or a major publishing house, knowing the nuances of copyright and contractual agreements can mean the difference between keeping control over your work or unknowingly signing away key rights.
In this article, the Mystery Review Crew will examine the intricacies of book ownership, content copyright, cover copyright, and distribution rights that determine who truly holds the reins to your published work in the United States, though many of these also apply to other countries.
Book Ownership: Copyright Registration and the U.S. Copyright Office
Copyright holder protection is a legal safeguard that ensures writers maintain control over their creative work. It prevents others from altering, copying, publishing, or profiting from a book without permission. The moment an author writes a book, they automatically hold the copyright to its contents, granting them exclusive rights to reproduce, distribute, and display their works.
Unlike trademarks or patents, copyright doesn’t require registration to exist. It applies as soon as the work is recorded in a tangible form. However, the copyright registration process only protects the expression of an idea, not the idea itself. This means an author owns the copyright to their specific words, plot, scenes, and characters. However, others can still write similar stories using the same themes or concepts. A popular writing concept is where multiple authors share the same location and even titles.
Signing a contractual agreement with a traditional publisher, a hybrid publisher, or an agent can significantly impact an author’s copyright ownership. It is not uncommon for a contract to stipulate that the publishing company can alter the book’s content without the author’s permission. In other words, the publisher can rewrite the story, and the author has no say in the changes to their literary works.
Before signing any agreement, seeking legal advice is essential to understanding the impact the contractual terms will have on copyright ownership.
Things to remember:
While U.S. copyright laws automatically protect your original work, registering with the U.S. Copyright Office adds copyright protection. It gives you:
- A registered copyright notice
- The ability to pursue legal action in federal court
- Eligibility for statutory damages and attorney’s fees in cases of copyright infringement
- Public Record of your ownership
This is particularly important when dealing with unauthorized use or negotiating film rights, translation rights, or sound recordings.
Contact information for the U.S. Copyright Office:
Address:
101 Independence Ave SE,
Washington, DC 20540
Email address: co******@*******ht.gov
Website: https://www.copyright.gov/
Distribution – Publishing rights
While US copyright laws ensure that an author owns the contents of their manuscript, distribution rights determine where their book is sold, and at what price.
For authors publishing with traditional publishing houses or many hybrid publishers, it’s often a given that they will no longer own their distribution and pricing rights. However, understanding these elements is critical when evaluating the viability of a publishing contract.
A key component of distribution control is the ISBN, which dictates who holds the authority to publish and distribute the book.
What is an ISBN?
The ISBN (International Standard Book Number) is a unique book identifier, which I refer to as the social security number of the publishing world. ISBNs are used worldwide to track sales, manage library catalogs, and list books in retail databases.
Publishing a book requires an ISBN, and each format, paperback, hardback, eBook, and audio, must have its own unique number. This ensures that bookstores, libraries, and readers can easily find an author’s book.
*Side note: Amazon has what is called an ASIN. This is NOT the same as an ISBN, as it can’t be used outside of Amazon for public domain searching purposes. More on this down below.
Who Controls ISBNs?
First thing to know is that every country has a designated agency responsible for selling and managing ISBNs. In the U.S., the agency is Bowker. When purchasing a number, one critical piece of required information is the name of the publisher. Whoever is listed as the publisher on the ISBN record owns the ISBN and controls a book’s distribution.
How ISBN Ownership Affects Book Distribution
Signing a contract with a traditional or hybrid publisher typically means that the publisher, not the author, owns the ISBN. This grants the publisher ownership rights over where the book is sold and at what price.
Not owning the ISBN typically isn’t an issue if a publishing house has purchased the distribution rights from the author. Even though an author has no control over the distribution and pricing, the publisher is financially invested in the book’s success, ensuring that the pricing remains competitive and that the book is distributed effectively across the retail markets.
Hybrid publishers are companies that charge an author to publish their book. Working with this type of publisher often raises issues about distribution and pricing. As part of their publishing packages, hybrid publishers provide an ISBN, but since the publisher owns it, they also retain control over the book’s pricing and distribution.
This can become problematic if the publisher sets an unreasonably high retail price, making the book difficult to sell. To avoid this, authors should carefully review contract terms and seek legal advice to ensure pricing strategies and distribution terms are reasonable and beneficial to their long-term book publishing goals.
Regardless of whether a book is published through a traditional publishing house or a hybrid publisher, any contractual agreement should have a reversion clause, ensuring that all book rights revert to the author if the book is unpublished or goes out of circulation for any reason. It should be noted that in the event the author republishes the book, a new ISBN is required.
An unfortunate reality in the publishing industry is that publishing companies have declared bankruptcy, leaving authors to navigate major hurdles in reclaiming their rights and republishing their books.
What is a Writer’s Secret Weapon, you may ask?
Self-Publishing Platforms & Distribution Control
For self-published authors, Kindle Direct Publishing (KDP), Amazon’s publishing division, provides a free ISBN, but it comes with limitations. Accepting the free ISBN grants Amazon exclusive rights to publish and market the book, with Amazon’s imprint name, Independently Published, listed as the publisher of record. As a result, the author cannot publish the book outside of Amazon’s platform.
Ingram Content Group is the world’s largest book distributor, but unlike Amazon, it does not sell books directly on its website. Instead, its primary function is to distribute book files to retail outlets.
IngramSpark, its self-publishing division, offers a free ISBN. However, books published with this ISBN are restricted to IngramSpark’s platform, with IngramSpark’s imprint name, Indy Pub, listed as the publisher of record.
A key distinction between Amazon and IngramSpark’s free ISBNs and the ISBNs owned by a traditional and hybrid publisher is that the author can control the pricing of their own book.
Book Cover Copyright
A book cover is a major component of publishing a book. The design of the cover is a separate creative work, meaning the designer owns the copyright to the cover image, just as the author owns the copyright to the content of their book.
Authors under contract with a traditional publishing house (think Penguin Random House) or a hybrid publisher typically do not own the copyright to their book cover. If an author ever needs to republish their book, whether due to rights reversion or publisher closure, a new cover design will be required.
Self-published authors (often referred to as indie authors) should be aware that the designer they hire retains copyright ownership unless a written agreement explicitly transfers rights to the author. To avoid future complications, authors should obtain a copyright release for all design elements and images the designer used in the creation of the cover.
Using a cover creator tool, such as the one offered by Kindle Direct Publishing (KDP), also comes with limitations. Since KDP owns the copyright to covers made with their creator software, authors cannot use the design outside of Amazon’s platform for future publications.
Key Takeaway: Final Insights
Navigating the complexities of book ownership, whether it’s copyright, distribution rights, pricing, ISBNs, or contractual agreements, requires careful consideration. Understanding these elements allows authors to make informed decisions that align with their publishing goals, ensuring they retain the control and flexibility they need to safeguard their creative work.
Remember:
- Always read the fine print of your publishing contract
- Understand how ISBN ownership affects your book’s reach
- Ensure your cover design comes with a copyright release
- Retain as much control as possible over distribution and pricing
- Consider registering your copyright with the U.S. Copyright Office
- It’s always a good idea to consult with an attorney for legal terms and licensing agreements before signing anything
