Scholarly Communications Guide

How Do Authors Manage Their Rights?

When writing a new work, authors begin as automatic copyright holders of that work. However, when publishing their work as an article or book, authors may sign over their copyright to the publisher. Negotiation during publishing agreements is important in determining your rights as an author moving forward. When publishing your work, consider how you want to be able to use your work in the future. Writing and attaching an addendum to your publishing agreement may be beneficial in retaining certain rights. You may also need to consider where your funding comes from and if you have an obligation to make your work publicly available. Review your publishing agreements carefully and keep written documentation of all signed documents and agreements.

Examples of Rights the Author May Seek to Retain

• make the work accessible in Tennessee Research and Creative Exchange (TRACE) or another digital repository
• use part of the work as a basis for a future publication
• send copies of the work to colleagues
• share copies of the work with students
• comply with the NIH Public Access Policy or other funding agency policies
• present the work at conference or meeting and give copies of the work to attendees
• use a different or extended version of the work for a future publication
• make copies of the work for personal use and educational use
• use graphs, charts, and statistical data for a future publication
• use the work for educational use such as lecture notes or study guides
• comply with public access mandates
• deposit supplemental data from the work in an institutional or subject repository
• place a copy of the work on electronic reserves or use for student course-packs
• include the work in future derivative works
• make an oral presentation of the work
• include the work in a dissertation or thesis
• use the work in a compilation of works or collected works
• expand the work into a book form or book chapter
• retain patent and trademark rights of processes or procedures contained in the work
• allowing (or not allowing) artificial intelligence tools to use your work

Attribution: This list was adapted from that of the Bernard Becker Medical Library.

Author's Rights Resources

• Contracts with Publishers
• Understand Your Rights as an Author
• Scholarly Communication Toolkit: Author's Rights
• Addendum to Publication Template from SPARC
• Understanding and Negotiating Book Publishing Contracts
• Example Publishing Agreement from the University of Maine System
• CRediT Contributor Role Taxonomy

Considerations for Book Contracts

Some researchers may choose to write books as well as articles. In order to write a book, the researcher will need to identify a suitable proposal and prepare and submit a book proposal to them. If the book proposal is accepted, the author will then navigate the book contract process. Below are some common considerations for book contracts:

• Royalties
  • Author royalties are typically based on the net price of the book. 

  • Royalty rates will likely be different between paperbacks and hardcovers; a contract will often specify exceptions to these rates, like royalties authors earn on the rights to foreign translations.

• Preparation of the Book

  • What is the due date for the author to finish the book? How should the book be formatted? What is the timeline on the publisher's side? How many author copies of the book will the author receive?

  • The publisher may also have a clause in the contract that states that the book will be published in the manner and style that the publisher chooses. This effects the design, cover, and price of the book.

• Copyright & General Rights

  • For scholarly books, the publisher usually retains the copyright. The publisher will also describe what happens to the book if it goes out of print. However, authors may negotiate with publishers on who maintains the copyright and may be able to keep the copyright in their own name. Authors will want to own the rights to the book when it goes out of print, so that they can revise the book and reprint it with a different publisher if they want. Copyright typically needs to be registered within three months of the book's publication date. 

  • A publisher may put a right of first refusal clause in the contract, where they will have the first shot at your next book proposal, even if they decide not to publish your next book. They may also ask for "all rights" to the work in "all formats."

• Permissions

  • The contract will say who is responsible for handling permissions, for creating the book's figures, and for composing the index.

  • Authors should remember to gain permissions from any other authors whose works they are reusing or reproducing in their book.

• Future Editions

  • Contracts usually describe how future editions of the book will be handled. Some contracts give publishers the right to request a revised edition of the book. Authors may want to have the first opportunity to write a revised edition, with the caveat that the publisher can find a new author if the original author is unable to revise the work.

This list was adapted from "How to Write a Lot: A Practical Guide to Productive Academic Writing" by Daniel J. Silvia (2007) and from "The Librarian's Guide to Writing for Publication" by Rachel Singer Gordon (2004).