Your Book’s Next Chapter

Is it time for round two? If your book is out of print or placed with the wrong publisher, you may be considering finding a new home for it. This happens in a variety of situations:

Sales have dropped. You want to release a new edition. The working relationship has deteriorated. The publisher has gone out of business or sold. You don’t feel the publisher is doing enough to promote the book. (Caution: Authors almost always feel their publisher is not doing enough to promote their book.)

First, examine why you want to put your book back in print or switch publishers. Has the topic been in the news? Are there new research findings? Are your subsequent books doing well? If it’s pre-publication, be sure you have realistic expectations of the publishing process and are basing your dissatisfaction on your experience and not rumors.

Dig out that publishing contract. You need to understand how you can terminate the agreement, what rights you licensed, and under what circumstances those rights revert back to you. Here are some of the most commonly asked questions about republishing or terminating a contract:

The relationship with my publisher is no longer productive. Can I get out of the contract?

Authors who are no longer happy with their publisher often fall into two situations: the publisher has done something troubling, such as not paying royalties due, or more often, the publisher no longer seems interested in promoting your book. It’s languishing. What recourse do you have? In your contract, the most relevant clauses to look for include “reversion of rights” or “out of print.” Rights often revert to the author once it goes out of print. The contract should define what that means. If the publisher has no remaining books, is no longer printing copies, and is not offering them for sale, that’s clearly “out of print.” “In print” should be “print copies available for sale through normal U.S. trade channels” and, for current-day contracts, should not include the availability of print-on-demand or e-books as “in print.”

There are other ways to measure if a book is out of print. For instance, this clause may be triggered by the number of books sold per year (say, fewer than 200), or revenue falling below a certain amount during the prior two accounting periods. You will find this information on your royalty statement.

The ball is then in your court. Send a certified letter to the publisher asking for the book to be put back into print or for the rights to revert to you. The publisher has a certain amount of time—possibly as long as several months—to tell you their plans. If they agree to revert the rights granted back to you, be sure to get that in writing.

Even if the publisher is not contractually obligated to revert rights (that is, it’s still in print), but you’re ready to move on, it’s worth a conversation. Some want to keep any and all books they’ve invested in; some are perfectly happy to off-load titles with low sales. It will depend on obvious factors such as the book’s age, revenue, and market size—but the politeness with which you make the request, your relationship with your editor, and your persistence all play a role. Of course, if the publisher has breached the contract, say, by not paying royalties or sending a statement, that could be a reason to terminate the contract as well.

My book was published before the advent of e-books. Who owns the e-rights?

If your contract is silent on e-books because they didn’t yet exist, you most likely retain the rights to them. One court found that if you granted the rights “in book form,” that does not include e-books. However, courts also have found that e-books don’t have to be specifically mentioned to be covered under the contract. Your contract may include a clause that you’ve granted the right to publish by “… electronic means, now known or hereinafter invented.” If so, this language has been found to include e-books. Ask your publisher if they plan to produce an electronic version. If they do not, you may be able to do an e-version yourself.

My book hasn’t yet been published but I’m realizing the company is not a good fit. Can I get out of it? Is it different between a traditional publisher and a hybrid publishing company?

It happens. Their catalog goes in a different direction. They get bought out. The culture changes. Editors and art directors quit. It’s just not quite the same house as when you signed and it’s no longer the right home for your book.

Check if the contract mentions a termination method. But as discussed above, it might be as simple as asking. Frank Hyman, author of the fabulously titled books Hentopia and How to Forage for Mushrooms Without Dying, realized the house where he had originally placed one of his manuscripts wasn’t the right fit. “I sent them back the advance and wrote that I wanted to discontinue our business relationship,” he says. “They accepted and wrote a nice letter hoping we could work together in the future. Then I pitched my proposal to a larger publisher. They loved it, I got a bigger advance, and I had a wonderful experience working with them. Moral of the story: When things aren’t going well, cut your losses.” (Or should that be morel of the story?)

Most publishers do not want to have unhappy authors. Key tips: Keep it polite and professional. Do not mention negative things you’ve heard through the grapevine. Get the termination and rights reversion in writing.

If you’re working with a hybrid publisher, presumably you are paying to publish the book and then receiving royalties. Since you are paying—often by stages—check if there are refund policies if you are unhappy with the service being provided.

My book was published years ago, and I have the rights back. What should I be aware of as I consider self-publishing or seeking another publisher?

It can be difficult to interest a publisher in a reprint when there are so many new titles jockeying for attention. This might be an ideal time for a revised edition. You’ve most certainly developed and matured as a writer. While this is easier with nonfiction—such as adding a new chapter on the latest research or technology—fiction can also be updated. That 1992 YA novel about bullying might be modernized to include social media.

Which path to choose? Consider self-publishing if you’re a marketing pro and have a built-in audience (a decent social media following, popular website/blog, or are an in-demand speaker). Consider seeking a new publisher if the book had strong sales in the past and an argument can be made that there’s a new audience or updated information for existing readers.

Whichever path you choose, you will need to show you have the rights to the work. Chicago-area attorney and author Eric Matlin published The Procrastinators Guide to Wills and Estate Planning with Penguin Publishing Group almost 20 years ago. When it went out of print, he regained the rights. He recently wanted to self-publish an updated version with Amazon’s Kindle Direct Publishing (KDP). For a book such as his, he says that the “best way is to do print on demand, so I can update as needed.” But—he couldn’t find the rights reversion letter. This became an issue because Amazon checks that you have the rights to the book you seek to publish. After some back-and-forth, he was able to resolve the situation with Amazon. His best advice: “Be sure to hang on to your files.”

“You worked hard to write that book. If your relationship with the original publisher is no longer beneficial, it may be worthwhile to place it elsewhere.” —Amy Cook

Writer’s Digest

I love the cover art from my previous publisher. How do I know if I own it and can reuse it?

Even if your book has gone out of print, someone somewhere owns the copyright to the art. If the publisher had an in-house design department, the photographer or illustrator presumably worked for the company as an employee and, therefore, the publishing company owns the art. If the company hired a freelance artist, it depends on their agreement. For instance, the artist may have licensed the art for use on your book or the company may have bought all rights. Or perhaps you as the author arranged the cover art. If that’s your situation, examine your agreement with the artist to see if you can reuse the art. If not, perhaps the artist can create something similar but new. (If you did not have an agreement with the artist, you don’t have the right to use it because a transfer of copyright must be in writing.)

It’s not just the cover that is protected by copyright. Some books incorporate a number of design elements such as art (photos, illustrations), charts, graphs, sidebars, bulleted lists and so forth, and that interior design may also be protected and thus need to be reworked. Also consider if third-party material was included in your work, such as photographs, illustrations, maps, charts. If so, who obtained the rights—you or the publisher? You may need to relicense those works to include them in a new edition.

Do I need to get a new ISBN?

An ISBN is an international standard book number. It is used to uniquely identify a particular book. If you are simply printing more copies with no substantial changes, it is considered a “reprint.” A “new edition” is when there have been substantial changes, such as when you add a new preface or appendix or have changed or updated information. Even if your book has the same title, it will need a new ISBN if it is a second edition.

How long do publishing contracts usually last?

Copyright lasts a long time. For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. (Determining the status of older works can get complicated due to law changes; see Copyright.gov for help.) And most publishing contracts are for “the life of the copyright.” However, Section 203 of the Copyright Act provides a little-known right for authors or heirs to terminate a publishing agreement 35 years after the contract date. There are some complex rules around the window in which that can be done but it is worth exploring if this situation applies to you.

While most publishing contracts are for the life of the copyright, it’s not unheard of to have a stated contract expiration date, such as five years. There are pros and cons to this but may be something to consider for future works if you are unsure about the company. 

Does my agent still receive a percentage if I republish the book?

Generally, agents are entitled to receive their cut on any deals that they handled. If you are still making money from a deal they brokered, they are too. But once the book goes out of print and rights are returned to you, that deal is over. (That said, read your agent agreement carefully!)

My publisher went out of business. Who has the rights to publish my book now?

When a company goes bankrupt or dissolves, it sells its assets. Intellectual property is an asset like desks or computers: It goes somewhere. Sometimes companies or their assets get sold multiple times over the years, making it complicated to figure out rights ownership. If you truly can’t follow the chain of ownership and reach dead ends, keep careful notes of your attempts to locate rights holders. Save email and log phone calls. This helps prove you tried. Another option is to change the work or add new material. Make a note on the republished work’s copyright page stating where sections were previously published.

*****

You worked hard to write that book. If your relationship with the original publisher is no longer beneficial, it may be worthwhile to place it elsewhere. Make that book work for you.

With a growing catalog of instructional writing videos available instantly, we have writing instruction on everything from improving your craft to getting published and finding an audience. New videos are added every month!

Click to continue.