Imogene’s Writing Cues blog is a general assist for authors. It focuses on planning, organisation and the craft of publishing.
In the first entry of 2022, we will look at Rights Reversions and how to request them.
Rights Reversions can be tricky. Why?
Each and every contract is different. It might be because of the term (length) of the contract. You may be bound by how many books you sell because you received an advance. None of this is clear cut.
The first piece of advice I’m going to give is:
Anything I write on here is general because no two contracts and reversion rights clauses are the same.
I know. The reads like a cop out, right? It’s honestly not, though.
One of the first things you need to consider is:
What is the length of your contract? Has it expired? I had one several years ago that was tricky. I’ve also had one where the publisher changed the terms without contacting me. This is NOT the norm. I would suggest considering contacting your agent/publisher after you read through your contract to seek clarification on how you request your rights back and when they will be available.
Something along the lines of:
Dear Publisher
I’m reviewing my contracts and have discovered that my titles <> <> is due for reversion on <>
Could you please advise if this is correct, with all due speed.
This gives them a ‘heads up’ if you will that you are seeking to revert rights. Now, this should also flush any nasties out.
The contract that was changed on me, is one where they added a ‘renewal’ clause, re-contracting the book with their ‘new’ terms, including payouts for early reversion.
You do need to check the terms carefully. I’ve had others who are happy, once the initial term expires to re-contract on a month-to-month basis.
I also kept a spreadsheet on my wall of every book, ISBN and reversion dates. This made it simple to know at a glance, when I should make the request for reversion. Most times 1 – 2 months is the requirement prior to contract expiry, but again, this is different from contract to contract.
Things to check for:
- Is there a ‘re contracting’ clause?
- Is there a minimum sell through you must meet?
- If you don’t make your initial advance, do you have to refund the advance or portion thereof?
- How soon must you make contact with the publisher?
- Is it tied to another format of your title (adio/paperback) etc.,
My reversion letters read like this: (feel free to use this template if it meets your needs) My last request was a list of titles due within the year, but only use that section if you have a good relationship with your publisher!
Having said that, I have recently received the last of my outstanding rights back.
Rights Reversion Request Dear <Publishers Name>I am writing to request the reversion of the following titles to myself:
TITLE:
ISBN:
Reversion Date:
As per Section of the individual contracts, the term was for XX years with an automatic monthly renewal. All the titles listed have now exceeded (or coming due) to the term of the original contracts and I am seeking to <insert your reason here.>
In the interests of keeping all things simple, I am supplying you with a single reversion request, listing all books due to revert in this calendar year. Should you require an itemised request for each book, I will, of course supply one.
It is my intention to recover this title (I purchase all the necessary elements and pay the required fees). I also understand this book will require re-editing prior to release at my own cost. As per the contract agreement I am aware that owns the original rights to the cover art and completed edits for this title.
If you could please send a letter of release concerning these titles to me at your earliest convenience?
Once again thank you for the opportunity to publish these titles with you.
Yours faithfully
<Your REAL Name>
Writing as <Your Pen Name>
Now, sometimes publishers can play hard ball. They may try to claim something that is not in the contract. If in doubt, my advise is to talk to a contract specialist who deals in these issues.
Above all, don’t be afraid to ask the question though. You own the rights to your titles and are entitled to have them reverted.
One last thing: make sure, when you sign a contract, you are clear on the terms from the beginning. That will always make life easier. Remember there are people out there who will hep you, not least your lawyer/solicitor handling rights.
This is a huge area, but this gives you a place to begin and next month I’ll talk about what you should do once your titles revert.
You can do it!
Imogene Nix