How Do I Get the Rights to My Book Back From a Publisher?

Read your contract for a reversion or out-of-print clause, then ask the publisher in writing to return the rights. Authors Alliance says you may be able to get them back even when the clause does not apply yet. You need their answer in writing before you self-publish, because KDP may ask for it.

What is a reversion clause?

Authors Alliance describes it as a contract term that “permits authors to work with their publishers” to get some or all of their rights back when certain conditions are met. Its guide, Understanding Rights Reversion, says the conditions vary from contract to contract. Many contracts allow reversion when the book falls out of print, when copies sold drop below a set number, or when revenue falls below a set amount. If a small press has made you an offer and you are unsure, read should I take a small press offer or self-publish?

Look for three things in your contract: what triggers reversion, whether you must give written notice, and how long the publisher has to reply.

What counts as “in print”?

Check how your contract defines it. The same guide shows one example clause where a book counts as in print if a full-length print edition is available through normal trade channels. In that example, an ebook or print-on-demand edition does not count unless it sells at least 250 copies a year. That is only one example. Your contract may say something else, and it matters most when an ebook is still on sale.

What if no clause applies?

Ask anyway. Authors Alliance says authors “may also be able to revert rights even if they have not met the triggering conditions in their contract,” and even when the contract has no reversion clause. Its portal has templates and guidance for a rights reversion letter.

This is my advice, not a rule: keep the letter short and polite. Name the book and the contract, say you would like the rights returned, and ask for a reply in writing by a date. A publisher that is doing little with a book often has little reason to say no.

What if the publisher broke the contract or has closed?

Check what the contract says about breach and about the publisher ending its business, and get advice before you act. I can’t tell you what your contract allows. A publisher that has been bought out or has closed may have passed your rights to someone else, so find out who holds them now.

Is there a route in US law?

A long one. Under 17 USC 203, a grant an author signed on or after 1 January 1978 can be ended in a five-year window that starts 35 years after the grant. For a grant of publication rights, it starts 35 years after publication or 40 years after the grant, whichever is earlier. You must serve written notice at least 2 and at most 10 years before. Works made for hire are excluded. This is US law only.

What do I do once I have the letter?

Keep it safe. KDP’s rights FAQ names a reversion letter as the usual proof; see KDP asked me to prove my publishing rights. The next steps are in how to self-publish a book a publisher used to sell. If you are weighing a publisher for a later book, my post on approaching a publisher after self-publishing as an ebook lists terms to watch.

This is not legal advice. For a contract dispute, ask a lawyer or an author organisation.

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