Book & eBook Writing Copyright & Legal for Authors 2 — Questions and Answers
Question 1: What is a 'rights reversion clause' in a publishing contract?
- A provision allowing an author to reclaim their rights if the book goes out of print or falls below a sales threshold (Correct answer)
- A clause granting the publisher the right to revise the book without author approval
- A legal term for transferring audiobook rights to a third party
- A mechanism for disputing royalty statements with the publisher
Correct answer: A provision allowing an author to reclaim their rights if the book goes out of print or falls below a sales threshold
A rights reversion clause specifies conditions—such as sales falling below a minimum threshold—under which the author can reclaim publishing rights from the publisher.
Question 2: What does 'all rights' mean when a publisher requests it in a contract?
- The publisher acquires every possible right to the work across all formats and territories (Correct answer)
- The author retains all rights and licenses only specific uses
- The publisher gains the right to translate but not adapt the work
- Both parties share rights equally in perpetuity
Correct answer: The publisher acquires every possible right to the work across all formats and territories
Granting 'all rights' transfers control of every exploitation avenue—print, digital, audio, film, translation, and more—to the publisher, leaving the author with no retained rights.
Question 3: What is 'defamation' and how does it affect authors?
- Publishing false statements of fact that damage a real person's reputation, which can expose an author to legal liability (Correct answer)
- Using a real person's name in a fictional story with their permission
- Writing a negative review of another author's published book
- Incorrectly crediting a quotation to the wrong historical figure
Correct answer: Publishing false statements of fact that damage a real person's reputation, which can expose an author to legal liability
Defamation occurs when an author publishes false factual statements—not opinions—about a real, identifiable person in a way that harms their reputation, opening the author to a lawsuit.
Question 4: What is the 'right of publicity' and why should authors be aware of it?
- A person's right to control commercial use of their name, image, or likeness (Correct answer)
- An author's right to publicize their book in any media outlet
- A publisher's right to use an author photo in marketing materials
- A celebrity's right to endorse a book without payment
Correct answer: A person's right to control commercial use of their name, image, or likeness
The right of publicity protects individuals from having their name, image, or identity used commercially without consent—relevant to authors using real people in fiction or marketing.
Question 5: What protection does registering a book title as a trademark provide?
- Exclusive commercial rights to use that title as a brand identifier for a series or goods (Correct answer)
- Copyright protection over the book's content separate from author's automatic copyright
- Priority placement in online retail search results
- Prevention of any other author from writing a book on the same topic
Correct answer: Exclusive commercial rights to use that title as a brand identifier for a series or goods
Trademarking a book series title prevents others from using the same brand name commercially, which is particularly valuable for established series with merchandising or brand extension potential.
Question 6: What is a 'permissions request' in academic or nonfiction writing?
- A formal request to a copyright holder for authorization to reproduce their protected material in your book (Correct answer)
- An application to a university press to publish academic research
- A form submitted to a library to access restricted archival materials
- A government filing required before publishing historical documents
Correct answer: A formal request to a copyright holder for authorization to reproduce their protected material in your book
A permissions request is a formal communication asking a copyright owner for written authorization to reproduce a specific excerpt, image, or data table in your book.
Book & eBook Writing Copyright & Legal for Authors 2
What is a 'rights reversion clause' in a publishing contract?