For most authors, whether traditionally published or self-published,
the thought of selling foreign rights seems daunting. The common mindset
is authors lack the capability to exploit foreign rights on their own.
It was hard enough to sell the book in the U.S., right? Who can think
about selling it internationally?
You can. Why? Because foreign rights can be valuable. For some
authors, foreign sales usurp what the author makes from the initial sale
in the U.S. For other authors, foreign sales diversify and expand
earnings with minimal upfront costs. So pull up your socks. Sit down.
And together we will hash out this big, scary topic.
What are Foreign and Translation Rights?
Foreign rights are the right to publish a book in its original
language in countries different from those in which the book was
originally published. Translation rights are the right to publish a book
in languages other than the original language. If the book was
published in the U.S. in English, then publishing in any other country
other than the U.S., and in other languages other than English, would be
considered foreign rights or translation rights, respectively. These
two rights are different but related, and are often lumped together
under the term Foreign Rights.
How do I get Foreign Rights?
Foreign Rights stem from the rights granted via your U.S. copyright,
which for a U.S. citizen starts automatically the moment anything is
written. As a brief reminder, these rights include the exclusive right
to reproduce, distribute, perform, or display your work, or adapt it
into new works.
As for international copyrights, there is no single international copyright law that applies in all the countries of the world. Instead,
most countries provide copyright protection to foreign creative works
under certain conditions via a network of international treaties and
conventions (that almost all the nations of the world have agreed to).
Because of these international conventions and treaties, international
protection is automatically extended once the U.S. work is created. For
more info see my earlier article on International Copyright Protection.
How do I know if I still own my Foreign Rights?
For the traditionally published author, check your publishing
contract. Foreign rights are assigned to the publisher under the main
grant of rights clause. Typically, this clause includes a “Territory”
that specifies the geographic region where the publisher is entitled to
publish the book. This clause can also be restricted by a particular
language for publication.
Most U.S. publishers want rights to publish the English edition of
the book in the U.S., the U.S. territories, and Canada. Sometimes the
territory will extend to other English-speaking countries, like the
Philippines, Puerto Rico, and all British Commonwealth countries. Some
of the larger publishers have international affiliates and will demand
publishing rights in foreign countries in which they operate. Sometimes
publishers ask for “world-wide rights in all languages,” which gives the
publisher the right to sell the book in any language, anywhere in the
world (i.e., all your foreign and translation rights). So read your
contract carefully to determine what foreign rights you own and what
rights you have licensed.
If the territory clause has not scooped up foreign rights, then look
at the subsidiary rights section (which will include foreign rights, as
well as rights like movie, audio, book club, and other rights related to
potential publication markets). If the publisher has not grabbed the
foreign and translations rights, then you have still retained your
foreign rights.
For self-published authors, check your self-publishing services
agreement or your POD provider to determine if you have given away your
foreign rights. If so, then you will have to terminate the contract, or
renegotiate those rights before you exploit your foreign rights.
How do I sell Foreign Rights?
There are a few avenues for authors to sell foreign rights.
1. If you have licensed your foreign rights to a publisher, the
publisher usually markets your foreign rights through a foreign agent or
at international book fairs (e.g., Frankfurt Book Fair, London Book Fair, and Book Expo America in New York City).
2. If you have retained your foreign rights, but have an agent, your
agent can market your foreign rights through a foreign agent, hopefully
one who specializes in the book’s genre and is well-connected in the
international publishing world. Foreign rights agents should have an
intimate understanding of the markets in which they represent work and
have the ability to match books with foreign publishers who publish
similar works. If your U.S. agent is well-connected abroad then add
foreign representation into your agency agreement. If you want to cut
out the middleman, you can go the DIY route and find a foreign rights
agent or contact foreign publishers directly (see self-publishers
below).
A few points to remember –
- If you have retained your foreign rights, your domestic publisher
may demand to share the income if you sell the rights yourself.
- If you use multiple agents, one for domestic and one for foreign
deals, make sure the commission structures do not penalize you. You
should not pay a double commission, only an increased commission. A rule
of thumb is five percent more than the basic agent commission.
- With multiple agents, the agreements should be clear as to each agent’s role and authority.
- Here is a great chart
from a foreign rights agent about the process. I would add another
segment to this chart, one that follows the self-publisher’s DIY
approach (see below).
3. If you are self-published, you have several options for how to
handle your foreign rights. Thankfully, the emerging opportunities for
self-published authors have made exploiting foreign rights possible.
One option for the self-publisher is to contact foreign agents to
handle all the foreign rights like a U.S. agent would do. This would
require: 1) researching foreign rights agents and international book
publishers to determine who would be a good fit (here are two resources
for locating foreign agents and international publishers — The International Literary Market Place and IPR License);
2) sending the agent or publisher an email that sells your book.
Include a summary of the book, reviews, endorsements, sales figures, and
links to your website, and author page on Amazon. Offer to send a copy
of the book should they be interested; and 3) negotiating and signing a
contract with the foreign agent or publisher.
Another option for the self-publisher is to sell the English edition
book to foreign markets via online retailers and local distributors.
Online retailers like Amazon sell through Kindle in different countries
allowing authors to distribute books to international markets in English
(e.g. Canada, France, Germany, Italy Spain, Japan, Brazil, and the UK).
Then you can use a foreign agent to sell the foreign and translation
rights you are not exploiting. Or if you want to cut out the middleman
and do the work, contact the foreign publisher directly regarding
foreign publications. This may require networking at the international
book fairs to have direct contact with foreign publishers. An author can
also have their book translated, and then sell books directly to
readers but this can be time-consuming and expensive. Unless you have
the resources and time, this may not be the best option for most
self-published authors.
One other point to consider before making your decision about foreign
rights, not every book is suited for international publication.
Research whether your content would appeal to foreign publishers and
agents. Questions to ask yourself—Does the book have universal subject
matter? Is it easily translated? Is it a popular international category
like self-help, personal empowerment, or business related? Has the book
gained notoriety, broad appeal, or high US sales?
If you then feel your book is ripe for international exposure, at
least now you are more informed about how to proceed. If you need
additional information, see these resources:
- Jane Friedman, Selling Your Books Internationally;
- Mindy Klasky, Foreign Rights: Contract Terms Made Easy; and
- How Authors Sell Publishing Rights, Helen Sedwick and Orna Ross (ALLi How-to for Authors Guidebook Book
