YOUR BOOK. YOUR TERMS.
An author owns copyright in their manuscript from the moment it is written, and a publishing contract grants the publisher specific rights, such as print, audio or translation, rather than transferring ownership outright in most modern deals. Rights not explicitly granted, including AI training rights, generally remain with the author unless the contract's language is broad enough to sweep them in. Proof of what was actually granted is the signed publishing contract itself, read clause by clause, not the industry's general reputation for fairness.
Publishing deals that keep options you want to keep, and AI training answered explicitly, not by default.
LAST REVIEWED
THE SITUATION
A publishing contract is dense on purpose. The author reads it twice, the publisher reads it every day, and the difference in familiarity is where rights get quietly signed away.
The rise of AI training is turning old boilerplate into new leverage. Rights granted broadly ten years ago now cover uses no one imagined at the time.
WHAT BREAKS.
Option clauses on future work
A right of first refusal on the author's next book can tie future work to the terms of the current deal, limiting the author's negotiating power for years.
Audio and translation rights bundled cheaply
Rights that would be worth more sold separately can end up bundled into the original deal at a lower combined rate than negotiating them individually would achieve.
AI training rights swept in by broad language
Some publishing contracts use broad enough licensing language to argue it covers relicensing the text to AI model developers, without a specific clause addressing it.
No reversion when a book goes out of print
Rights can remain with a publisher indefinitely even after a book is no longer available, unless a reversion clause explicitly returns them to the author.
Ghostwriting with no signed credit terms
Long-form work written for a named author with no signed agreement leaves the actual writer unable to prove contribution or claim agreed credit later.
WHAT YOU CAN OWN.
COPYRIGHT
The manuscript is protected by copyright automatically, owned by the author unless specific rights are licensed or assigned to a publisher.
TRADEMARK
A book series title or an author's pen name used commercially can be registered as a trademark, separate from copyright in the text.
DESIGN RIGHT
Design right may cover a distinctive cover design, but not the written work itself.
PATENT
Written text and narrative structure cannot be patented under any jurisdiction.
TRADE SECRET
An unpublished manuscript can be kept confidential contractually, but this is not a legal trade secret once published.
LIKENESS
Likeness rights are not typically relevant to authorship unless the book uses a real, identifiable person's story or image without consent.
FOUR STEPS.
DROP
Upload the contract and any option or side letter.
EXAMINE
Deed reads the clauses in plain language and shows what is unusual, and what is standard but bad.
EXECUTE
Counter drafts, side letters and AI carve outs signed and stored with the deal.
DEFEND
A public statement of your AI training terms, and a record of the work as it stood on the date you filed it.
KEY FACTS
- 01A publishing contract is a licence of specific rights, not usually a full copyright transfer, in most modern trade publishing deals.
- 02Rights not explicitly mentioned in a contract generally remain with the author, though broad boilerplate language can be argued to cover more.
- 03A reversion clause returning rights to the author when a book goes out of print is a negotiated term, not an automatic legal default.
- 04Translation and audio rights can be licensed separately from print rights and often carry more value negotiated individually.
- 05Moral rights, including the right to be credited as author, exist strongly under EU law and more weakly under US copyright law.
QUESTIONS
+Should I sign an option clause?
Only if the terms make sense on their own. Deed shows you what the option is really worth and how to narrow it.
+Can I stop my book being used to train AI?
You can require permission and a fee. Deed adds that clause and makes the answer readable through our public API.
+How do I get rights back for an out of print book?
Trigger the reversion clause, or negotiate one if it is missing. Deed drafts the letter and tracks the reply.
+Does my publisher own my book?
No, not usually. They hold a licence to publish it under specific terms; you retain copyright unless the contract explicitly assigns it, which is rare in trade publishing.
+Can a publisher relicense my book to an AI company?
Only if the contract's granted rights are broad enough to cover it, or if you separately agree. Many older contracts are ambiguous on this exact point.