who own your work, you or the self-publishers?

Who Owns Your Work, You or the Self-Publisher?

As a general rule, you retain the rights to your book when you act as your own publisher. This is true even if you hire a company—a self-publishing firm—to handle the actual publishing chores for you.

If you’re paying for it, you should retain ownership.

The opposite is true with a traditional publisher, which pays the publication costs and controls your book as long as they keep it in print.

But “general rules” can be bent this way and that!

That’s why it pays to read the self-publishing contract very carefully. You want to know exactly what you’re getting into, and you want to know what to keep watch for as the publishing relationship unfolds over time.

What’s Actually in Those Contracts?

Here are ownership sections from two self-publishing book contacts (last checked February 2025):

    • Aventine Press Author Publishing Agreement – “The Author acknowledges and agrees that Aventine Press acquires no right of ownership to the Work under this Agreement; that Aventine Press is a provider of limited services only …”
    • Book Baby – Under the FAQs there is this: “Do I retain the rights to my self-published book? Yes, with self-publishing, you retain all rights to your book, and you can make decisions about its distribution, pricing, and future adaptations.”
    • Kobo Writing Life Terms of Service – “2.3 Ownership. As between you and Kobo, Kobo expressly acknowledges that you own or are licensor to all right, title and interest in and to the Works. All rights in the Works not expressly granted hereunder are reserved by you.”
    • Wingspan Press Publishing Agreement – “Author acknowledges that Publisher seeks to acquire no right of ownership to the Work under this Agreement. Author shall retain sole and exclusive right to the Work in all formats and editions, worldwide, including electronic rights. No part of this Agreement diminishes Author’s rights to the Work.”
    • Xlibris Services and Distribution Agreement – You can find it by Googling “Xlibris Services and Distribution Agreement” and clicking on the link. When you do, a PDF version of the agreement will be downloaded. – “Your Manuscript includes the text of the Work, in its original form as submitted by You and as edited by Us during the fulfillment of editorial Services purchased by You, and graphics or other materials, all owned or authorized in writing by the owners to be submitted by You to be incorporated into the Work. YOU (AND/ OR THE PERSONS YOU ARE EXCLUSIVELY AUTHORIZED TO REPRESENT IN THIS AGREEMENT) WILL REMAIN THE SOLE AND EXCLUSIVE OWNER(S) OF ALL RIGHT, TITLE, AND INTEREST, INCLUDING COPYRIGHT, IN AND TO YOUR MANUSCRIPT.”

These seem to be straightforward statements that you, the author, retain ownership of your work. Then, again, I’m not an attorney – and you should always consult an attorney before signing an agreement!

Compare the Aventine, Kobo, Book Baby, Wingspan, and Xlibris agreements to the one offered by Amazon, which very carefully separates the book from everything that touches upon it:

    • Amazon KDP Kindle Direct Publishing Terms and Conditions– “6 Ownership and Control of Amazon Properties and Customer Data/ Feedback. Subject to the authorizations you grant to us under this Agreement, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your Books. We retain all ownership rights in and to the copyrights and all other rights and interests in and to the Program, the Amazon Properties, and any materials we use or provide to you for use relating to your Book (such as a generic cover image used for your Book if you do not provide one). We retain sole ownership and control of all data obtained from customers and prospective customers in connection with the Program. We are solely responsible for, and will have full discretion with respect to the terms, features, and operation of the Program and the Amazon Properties and related marketing, but our use of the Books will be subject to the terms of this Agreement. In the event that you elect to provide suggestions, ideas, or other feedback to Amazon or any of its affiliates in connection with the Amazon Properties or the Program (“Feedback”), Amazon and its affiliates will be free to use and exploit the same in any manner without restriction and without any need to compensate you. This Agreement does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.”

Is that OK with you?

A Fee for Leaving?

Check the contract carefully to see if and when you can terminate the agreement, and on what terms.

If you terminate, does a self-publisher retain rights to the cover design, interior design, ISBN, or other elements of the work they created and/or paid for? If so, you may have to pay for a new cover or interior design, and a new ISBN.

Does the self-publisher charge a fee to let you go before the expiration of the contract? Or are there any fees you must pay to keep your self-publishing contract alive? Here’s an interesting item in the Wingspan agreement:

“At the end of the first year of publication, Publisher will deduct then-current catalog fee from outstanding royalties, or issue invoice for same to Author. Renewal fees unpaid for 90 days will result in cancellation of this agreement and removal of Work from publication.”

This may be fair compensation to Wingspan, but do you know what the “then-current” catalog fee will be? Are you OK with the idea of paying an unknown fee?

Don’t just sign on the dotted line!

Be sure to read the self-publishing contract carefully, and read any attachments or other documents mentioned in the contract just as carefully, for they also apply to and may impinge upon your rights.

It’s also important to pay close attention to any and all changes to the contract the self-publisher may make. Yes, some self-publishers reserve the right to change the terms of existing contracts, even after they’ve been signed, filed away by the authors, and forgotten.

The changes may be minor, but even a small change can interfere with your later publication, marketing, or business plans. So beware!

For more about the nuts and bolts of self-publishing, see our “Introduction to Self-Publishing.”

If You’d Like Help Writing Your Book…

Barry Fox explains how to begin a business memoir or autobiography

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You can learn about our ghostwriting work and credentials on our Home Page.

For more information, call us at 818-917-5362 or use our contact form to send us a message. We’d love to talk to you about your exciting idea for writing a book!

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