Reversion of rights: do I need a signed letter from publisher giving me back my rights?

This question came up on one of my Yahoogroups: do you have to get a letter of reversion of rights from the publisher? The quick answer is YES. If your book has gone out of print or if you want to end your relationship with your publisher, or vice versa, then you'll need that letter of reversion.

A reversion of rights simply means that any rights you initially signed over to the publisher will be signed back to you. You'll own them again. However, if the publisher has sold your rights to third parties, your reversion of rights won't include those.

Someone suggested that an author could assume their book is out of print and that the rights have been reverted to author if the title isn't in the publisher's current catalog. I would warn authors never to assume they have their rights back. It's too difficult to determine if a book is actually no longer in print. My novel Whale Song has been out of print since February, yet Amazon has it listed as "out of stock"--or at least it did last time I checked, which wasn't long ago.

ALWAYS get a letter of reversion of rights from your publisher. With their signature. As an author, you can't afford to make assumptions that could end up costing you a lot of money, or worse--a new book deal. Most publishers won't even look at that book if you don't have the reversion letter. And that was something a publisher told me.

So, unless you're going to self-publish that book afterward and don't care that you could be taken to court if the previous publisher wants to claim they still own rights, get the letter.

In the event of a publisher that is so unethical that they refuse or don't answer your emails, you can then claim your rights back by sending a registered letter to the publisher (one he has to sign for so there's proof) demanding your rights are returned and giving him 30 days to dispute your letter. That will work in most cases, provided the publisher isn't completely unethical and provided that the publisher actually accepts and signs for your letter.

I'm not a lawyer, but I've been through this and dozens of my friends are going through this right now. My advice to anyone in this position is: get the letter of reversion from the publisher or send the publisher a 30-day notice. If possible, talk to an entertainment lawyer who knows book contracts.

My agent said it was vital to get the letter of reversion if I wanted another publisher to look at Whale Song. Now Whale Song is in negotiations for a major motion picture and a 3rd print edition. So believe me when I say, having your book's rights revert back to you isn't all bad. In my case, it was the best thing in the world. :-)

~Cheryl Kaye Tardif
http://www.cherylktardif.com