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Rights Reversion: Authors Guide

Reading time: 5 mins

Publishing a book is a huge achievement – but if your publisher stops promoting it, sales slow down, or your contract terms are holding you back, you might feel stuck.

The good news? In many cases, you can take back control of your work through book rights reversion.

 In this guide, our book publishing lawyers explain how the process works in Australia, what to check in your contract, and the legal steps you can take to regain your rights. Along the way, we share practical tips to help you.

Key Takeaways

  • Book rights reversion lets authors regain control of their work.

  • Check your publishing contract for reversion clauses or sales thresholds.

  • If your book is out of print or underperforming, you may be entitled to rights reversion.

  • Even without a clause, you can negotiate rights return or take legal action.

  • A lawyer-drafted reversion letter strengthens your case.

Farrah Motley is an Australian Legal Practitioner and the Director of Prosper Law

What is Book Rights Reversion?

Book rights reversion is the process of rights returning to the author, usually when a publisher stops actively selling or exploiting a book. With reversion, you can:

  • Self-publish your book again

  • License rights to another publisher

  • Adapt your work into audiobooks, film, or TV

Authors who regain their rights often want to branch into new formats – our guide to negotiating audiobook rights in Australia can help you secure the best deal.

How to Revert your Rights

1. Review Your Publishing Contract

Check for:

  • “Out of print” or “availability” definitions

  • Reversion clauses

  • Sales thresholds

  • Subsidiary rights (film, audio, foreign language)

Example clause:

“If the Work is not available in print or digital form for 12 consecutive months, the Author may request reversion of all rights.”

Legal Tip: Don’t rely on verbal promises! Only what’s written in your publishing contract is legally enforceable. If a publisher made verbal commitments, make sure they’re in writing.

For an overview of copyright ownership and how it applies to authors, see the Australian Copyright Council’s resources on publishing.

2. Confirm if You Meet Reversion Conditions

Ask yourself:

  • Is the book unavailable in major retail channels?

  • Has marketing stopped?

  • Are key rights unused?

  • Has the contract expired or not been renewed?

Even if your book appears on Amazon, it may still qualify as “out of print” legally.

Remember: Monitor your sales & royalties. Tracking your sales data and royalty reports regularly, and identifying low sales over a sustained period may trigger a reversion clause.

3. Send a Formal Reversion Request

Include:

  • Your name and book title

  • Publisher’s name

  • Clauses invoked

  • Request for written confirmation

  • Evidence (sales data, screenshots, royalty reports)

A lawyer can draft a clear, enforceable letter to avoid delays.

It’s important to act promptly – Delays in requesting rights reversion can weaken your position, especially if the publisher starts reprinting or re-releasing your book.

If you’re planning to take full control of your work after reversion, our self-publishing legal guide for authors explains how to publish independently while protecting your rights.

3. If There’s No Reversion Clause

You may still:

  • Negotiate a release

  • Claim breach of contract

  • Assert failure to exploit rights

These arguments should be handled by an IP and publishing lawyer.

Legal Insight: Even without a clause, publishers may agree to release rights if you offer something in return (for example, waiving unpaid royalties).

4. Protect Your Rights in Future Deals

Before signing, consider:

  • Time-based reversion clauses

  • Expiry dates on subsidiary rights

  • Retaining film, audio, and foreign rights

Example:

“If fewer than 100 copies sell in any 12-month period, the Author may terminate this Agreement and reclaim all rights.”

Even after rights return, your moral rights as an author still apply, ensuring you’re credited and your work isn’t altered without consent.

Stephen Motley is the Legal Operations Manager of Prosper Law

How Prosper Law Helps Authors Reclaim Their Rights

At Prosper Law, we’ve helped many Australian authors regain their book rights.

Example: A children’s author, saw sales drop and her publisher stopped actively promoting her book. After reviewing her contract, we found a reversion clause, gathered sales evidence, and sent a formal letter to the publisher.  We negotiated a release with the publisher and the author regained all rights, self-published a new edition, and sold her audiobook rights.

Whether your goal is to self-publish, license to a new publisher, or adapt your work for film or audio, Prosper Law can provide the legal strategy, negotiation skills, and industry insight to make it happen. We focus on protecting your creative work and ensuring you remain in control of your intellectual property.

For a broader overview of the self-publishing process, see our step-by-step guide to publishing a book in Australia.

Frequently Asked Questions

Can I get my book rights back if it's still listed online?

Yes. Availability online doesn’t always mean active exploitation. If your book isn’t selling or promoted, you may still qualify for reversion.

If unpaid royalties are part of the problem, our article on what to do if your publisher isn’t paying outlines your legal options.

How long does rights reversion take?

With a reversion clause, it can be completed in a matter of weeks. Without one, it may take months of negotiation or legal correspondence.

Prosper Law’s book publishing lawyer’s are here to help – reach out today to learn more.

Can I reclaim only certain rights?

Yes. You can negotiate the return of unused rights such as film, audiobook, or translation while leaving others with the publisher.

What if my publisher ignores my request?

You may need a formal legal letter to escalate. This can prompt a response and clarify your legal standing.

Remember: Your book is your intellectual property – and you deserve to be in control of it.

Can I revert rights if my publisher no longer exists?

Possibly. You’ll need to identify the current rights holder, which may require legal assistance.

Whether you want to self-publish, license to a new publisher, or adapt your work into other formats, we can guide you through the process with clarity and confidence.

About the Author

Farrah Motley
Director of Prosper Law. Farrah founded Prosper online law firm in 2021. She wanted to create a better way of doing legal work and a better experience for customers of legal services.

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