What Is A Rights Reversion Clause (And Why It Matters)?

Gary Smailes | 19 December 2025

What a Reversion Clause Does (and Why It Matters)

A reversion clause is the return ticket for your rights. You license rights to a publisher for a period tied to performance. When conditions are met, rights come back to you. Simple idea, big impact.

What it promises

• Rights you licensed return once specific triggers hit. Low sales. Out of print. Failure to publish on time. Bankruptcy in some cases.
• Reversion sits inside the out‑of‑print and non‑publication sections. Look there first.
• The promise is mechanical, not emotional. Numbers, dates, filings.

Think of the clause as a timer tied to sales and delivery. Once the timer hits zero, you reclaim what you gave.

Why it matters

• You regain control. New edition, new cover, fresh metadata. You decide price and timeline.
• You pursue new deals. Audio. Translation. Film and TV. Subrights earn best in focused hands.
• You earn more per sale through self‑publishing. Higher royalty share, faster payout, direct access to ads and promotions.
• You revive a backlist title. Seasonal campaigns, BookBub features, newsletter pushes.

Small story. A novelist watched hardcover fade, then ebook drift along at a trickle. The contract tied “in print” to sales across all formats. Two slow periods passed. Rights reverted. She relaunched with a tighter edit and a new cover. Her newsletter brought day‑one sales. Income beat the old royalty stream within a month. No magic. Clear clause, fast action.

Scope, and why partial reversion matters

Reversion applies per right. Format, territory, language. You do not need to pull the whole house down to open a window.

• Ebook reverts while print remains, once ebook sales miss the mark.
• Foreign rights revert while North American print stays with the publisher.
• Audio reverts if no production by a set date, even if print sells fine.

Use precision. The clause should name formats and geographies in a way a stranger could check. “World” without detail invites trouble. “World English” differs from “World, all languages.” List countries when possible.

Reversion vs termination

Different tools. Termination ends the whole agreement for breach. Missed payments. Unapproved changes. Material failures. Lawyers get loud.

Reversion is a sunset tied to performance. No breach needed. Sales fall below the floor, or publication misses the window, and rights flow back. Calm, procedural, faster.

You want both paths in the contract. Termination for bad behavior. Reversion for low or no performance.

Where this lives in your business

• Out‑of‑print clause. The heart of reversion. If “in print” equals “available anywhere,” you lose leverage. Tie it to sales, not simple availability.
• Royalty statements. Your proof. Those lines show unit counts, formats, and returns. Keep them. They power your notice letter.
• Long‑tail sales. A strong clause stops endless trickle sales from trapping rights. Once the floor is missed, you move on.
• Marketing strategy. Reversion shapes relaunch timing. Hold your push until rights return, then aim your efforts at a date you control.

Editors and agents search “out‑of‑print clause” because this language drives long‑term income. Think SEO for your contract, not only your website. Clear terms now save back‑and‑forth later.

Quick examples

• Non‑fiction paperback sells 80 copies in a year across formats. Threshold set at 150. You send notice. Publisher fails to move units within the cure window. Paperback and ebook revert. You issue a revised edition with updated stats. Speaking gigs spike bookstore orders.
• Audio granted to the publisher, no production after nine months. Clause sets a 12‑month drop‑dead date. On month 13 you request reversion. You license audio to a specialist for a fresh advance and a stronger retail push.
• World rights granted, no translation deals after 24 months. Clause says unexploited territories revert. You hire a subagent. Spanish and German sell within the year.

Mini exercise

Grab your latest contract. Circle each right you licensed, by format, territory, and language. Next to each, write the trigger and the number. Example, “ebook, North America, fewer than 200 units in any 12 months.” If no number appears, mark a star. Those are problem areas to fix in the next deal, or to negotiate now via amendment.

What to remember

• Reversion runs on defined triggers, not hope.
• Partial reversion keeps income flowing while you reclaim weak spots.
• The clause protects your backlist, your statement health, and your freedom to relaunch.

You write the book. The clause brings it home when the publisher stops moving it. Set the terms early, then keep your receipts.

Triggers and Timelines You Should Expect

Triggers and timelines are the engine of reversion. Numbers, dates, and proof. Set them now, then let the math work for you later.

Out of print means sales, not availability

Tie “in print” to sales, not to whether a page exists on a retailer. Use objective thresholds.

• Example threshold. Fewer than 100 to 250 copies across all editions in any rolling 12 months. Or below the floor in two consecutive royalty periods.
• Count net units sold. Not shipped. Not free. Not returns.
• Count all formats that the publisher controls. Hardcover, paperback, ebook, audio, large print.

Short example. Your novel sells 82 units over the last 12 months, across hardcover, paperback, and ebook. The clause sets 150 as the floor. You give notice. Rights revert after the cure window if sales do not meet the threshold with real orders.

POD and ebook carve‑out

A listing alone should not block reversion. Print on demand and lone ebook listings often sit like museum pieces.

• State that POD or ebook counts as “in print” only if the title meets the agreed sales threshold.
• Add “widely available” as a condition. For example, stocked through major retailers and common distributors, not a single platform.

If the book is only offered as a POD paperback and sells 6 copies in a year, you trigger reversion. A placeholder listing does not hold your rights.

Non‑publication deadline

You delivered and the publisher accepted. Clock starts. You need a firm window for first publication.

• Common window. 12 to 18 months from delivery and acceptance.
• If missed, rights revert on notice. No excuses about scheduling or seasonal plans.
• Define acceptance. Not “deemed accepted.” Use a dated acceptance email or letter.

This protects you from a limbo shelf. If the book is stuck, you take it elsewhere or self‑publish on your schedule.

Subsidiary rights inactivity

Do not leave audio, large print, or translation to hope. Use “use it or lose it” timelines.

• Audio. Production and public release within 12 to 18 months after grant, or rights revert.
• Large print. Publication within 12 months of hardcover or trade paperback, or rights revert.
• Translation. License signed within 18 to 24 months, or the language reverts.

Example. You granted audio. Twelve months pass, no narrator hired, no studio booked. On month 13 you send notice. Audio rights return, while print stays put.

Territory performance

World rights sound efficient until nothing happens outside your home market. Set performance bars for territories and languages.

• Require meaningful distribution or a license in each territory by a deadline. Twelve months after first publication is common.
• If unmet, the specific territory or language reverts. North America can stay while UK, EU, or ANZ return to you.
• Define “meaningful.” Orders from named retailers or a minimum unit count, not a single listing no one sees.

Example. The publisher never ships to the UK, and no UK license is signed within a year. UK English rights revert. You place a deal through a subagent and see shelf space within months.

Bankruptcy, nonpayment, and assignment

Protect against business failure and musical chairs.

• Insolvency. Rights revert on bankruptcy or a court‑appointed receiver taking control.
• Failure to pay. Missed royalties or late statements beyond a short cure period trigger reversion.
• Assignment. No transfer of your agreement to another company without your written consent. If assigned without consent, rights revert.

Note. Bankruptcy law can complicate recovery, so include this language anyway. It gives your lawyer leverage and speeds conversations with a receiver.

Term‑based licenses

For translation, audio, and some special editions, use a fixed term.

• Typical term. Five to seven years from first publication in that format or language.
• Automatic reversion at term end unless both sides sign a renewal. Consider a sales floor for renewal. For example, at least 250 units in the prior 12 months.
• Require reversion letters on expiry, plus file delivery, so you can relaunch fast.

Example. You license German rights for five years. Year five arrives, sales have slowed below the floor, no renewal offer appears. Rights revert on the date listed in the contract. You resell to a new house with a fresh cover.

How to make timelines work for you

• Use rolling 12‑month periods. They prevent end‑of‑year dumps designed to dodge a trigger.
• Keep cure windows short. Sixty to ninety days. A cure means real, verifiable sales, not relisting.
• Tie every trigger to a format, territory, or language. Precision avoids fights and speeds reversion.

Mini exercise

Open your latest contract. For each right granted, write three things in the margin.

• The sales floor or deadline. Example, 150 units in any 12 months, or 18 months to first publication.
• The cure window. Example, 60 days, real sales required.
• The data source. Example, publisher’s royalty statements and accounts, subject to audit.

Blank boxes mean risk. Fill them before you sign, or amend if the book is already out. Triggers only work when the clock and the yardstick are clear.

Contract Language to Negotiate Upfront

You do not need a perfect contract. You need a clear one. Get these clauses nailed down before signatures. Future you will thank present you.

Define “in print” with numbers

“In print” should mean sales. Not a listing. Not a warehouse copy covered in dust.

• Use a verifiable floor across all formats under the publisher’s control.
• Tie it to a rolling period.

Sample wording:

“In print means sale of at least 150 net units across hardcover, paperback, ebook, audio, and large print in any 12‑month period. Free copies and returns do not count.”

Pick your own floor. For most trade books, 100 to 250 units works. Genre and niche books might use a different number. The point is to anchor the status to math.

Use “shall revert,” not squishy verbs

Avoid discretion. Avoid “Publisher decides” language. You want a switch, not a vibe.

Sample wording:

“If the sales threshold is not met, the granted rights shall revert to Author upon written notice and expiry of any agreed cure period.”

“Shall” triggers action. No hand‑waving.

Base triggers on objective data and keep audit rights

Your triggers need proof. Use documents you receive and sources you can check.

• State that sales numbers come from royalty statements and distributor reports.
• Add the right to audit, with a short look‑back window.

Sample wording:

“Sales shall be determined by Publisher’s royalty statements and verifiable third‑party accounts, subject to Author’s audit rights. Author may audit upon 15 days’ notice, during business hours, once per year.”

Keep scans of every statement. Flag oddities. Audits work best when your files are tidy.

Notice and cure must mean real sales

A cure period is fine, as long as it means actual orders from readers. Not a relisting. Not a price tweak.

• Keep the window tight, 60 to 90 days.
• Limit the cure to the format or territory in default.

Sample wording:

“Upon Author’s written notice of failure to meet the in‑print threshold, Publisher shall have 60 days to cure through documented net sales in the specific format and territory in default. Changes in listing or availability do not constitute cure.”

Calendar the deadline the day you send notice. Follow up with a polite, dated email. Paper trails win arguments.

Allow partial reversion

Rights move in pieces. Treat them that way. Let ebook return while print stays. Let UK English return while North American English remains.

Sample wording:

“Rights granted hereunder may revert independently by format, language, and territory. Reversion of one right does not affect rights that remain in compliance.”

This gives you room to resell slices while the core edition ticks along.

Subsidiary rights need timelines

If you handed over audio, large print, translation, or film, set clocks. No action, no hold.

• Audio needs production and release within 12 to 18 months.
• Large print within 12 months of first hardcover or trade paperback.
• Translation needs a signed license within 18 to 24 months.
• Film or TV needs an option payment schedule and a reversion if the option lapses.

Sample wording:

“If the subsidiary right listed below is not licensed, produced, and commercially released within the stated period, such right shall revert automatically upon Author’s notice.”

Add your revenue splits beside each right. Keep those bold and clear.

Materials you receive on reversion

When rights return, you need files to relaunch fast. Spell it out.

• Interior files, print‑ready PDFs, source files if permitted.
• Cover files, or a license to reuse for a period if third‑party art blocks transfer.
• Final metadata, including BISAC codes, keywords, and long descriptions.
• A final royalty statement with reserves released, plus any sums due.

Sample wording:

“Upon reversion, Publisher shall deliver to Author, within 30 days, all final production files and metadata in usable digital form. Publisher shall also issue a final royalty accounting and remit all sums due, including release of reserves.”

Ask for a delivery method. Shared link or drive folder works. No thumb drives in the mail.

Inventory and ISBNs

Paper copies still exist in the world. Decide what happens to them.

• Remainder plan. Deep‑discount sale or pulping at Publisher’s cost.
• Buyback option. You purchase on‑hand stock at cost or a fixed percent of list, shipped within 30 days.
• ISBNs stay with the publisher.

Sample wording:

“On reversion, Publisher shall offer on‑hand inventory to Author at Publisher’s unit cost. Unsold inventory will be remaindered or destroyed at Publisher’s expense within 60 days. ISBNs assigned by Publisher remain with Publisher. Author will assign new ISBNs on any relaunch.”

If you buy stock, run the numbers. Storage, shipping, and sales pace matter more than a bargain unit price.

Two quick examples

• Your contract says “in print means available in any edition.” The publisher keeps a POD listing, sells 12 units a year, and declines your reversion letter. You lose a year fighting over definitions. Fix it with a sales floor.
• You licensed audio. Eighteen months pass with no production start. With a “use it or lose it” clause, you request reversion, hire a narrator, and go live before the holidays.

Mini checkup

Grab a pen and your agreement. Mark three lines in the margin next to the out‑of‑print clause.

• “In print equals X units in 12 months across all formats.” If blank, add an amendment.
• “Cure equals 60–90 days, real sales only, limited to the defaulting slice.” If broad, tighten it.
• “Audit rights, once per year, simple notice.” If missing, ask for it.

Simple fixes now save months of email later. Clear terms turn reversion from a plea into a process.

How to Request Reversion (Step-by-Step)

Rights do not walk home by themselves. You ask, with receipts and a deadline. Here is the clean, professional way to do it.

1) Review your contract

Pull the agreement and mark three things.

• The out of print clause, including sales thresholds and the measurement period.
• The notice method, email, certified mail, courier, and the address for legal notices.
• The cure period, often 60 or 90 days, and any language on partial reversion.

Write the clause numbers on a sticky note. You will cite them.

If your deal included audio, translation, or film, flag the timeline or term for each.

2) Gather evidence

Build a small packet. Aim for proof you would show a judge, even if this stays friendly.

• Royalty statements for the last two periods. Highlight the units by format.
• Any distributor or vendor reports your agent supplied.
• Publication and acceptance dates from your email archive.
• Retailer availability screenshots. Include Amazon, B&N, Kobo, Apple Books, Google Play, Bookshop, and your regional stores. Turn on a timestamp in your screenshots. Add the URL and date in a caption.
• A brief sales tally in a spreadsheet. One row per format and territory. One total for the measurement period. Label the files with date and ISBN.

Keep the packet in a folder named BookTitle_Reversion_YYYYMMDD.

3) Draft the letter

Be polite. Be factual. No heat.

Subject line: Rights Reversion Request, [Title], ISBN [xxx], Agreement dated [Month Day, Year]

Use this structure.

• Identify the book, ISBNs, and contract date.
• Cite the clause numbers, in print, out of print, notice, cure, audit, subsidiary rights timelines.
• State the facts and dates. Include the sales number over the relevant period.
• Declare the trigger met. Quote the clause language that matters.
• State the rights you seek to revert. Format, language, territory. List them.
• Request written confirmation by a date certain.
• Request delivery of files and a final royalty accounting on reversion.
• Close with a thank you and your contact details.

Sample paragraph:

“Under Paragraph 14, a work is considered out of print if sales fall below 150 units across all editions in any 12 month period. Based on the attached royalty statements dated July 31 and January 31, net sales totaled 96 units for the period August 1 through July 31. The out of print threshold has not been met, which triggers reversion. Pursuant to Paragraphs 14 and 25, I request reversion of ebook rights in the English language for World territory. Please confirm in writing by March 15.”

4) Send notice the right way

Follow the contract. Do not guess.

• If the agreement calls for certified mail, send certified mail. Keep the receipt.
• If email is allowed, send a signed PDF and paste the letter into the body. Request a simple “received” reply.
• Send to the legal notice address in the agreement. Also send to your editor, your royalty contact, and rights. Mark the legal notice as the official one.
• Copy your agent or publishing attorney.

Save a PDF of the email thread and the mail receipt in your folder.

5) Track the cure window

On the day the publisher receives notice, set two calendar entries. One for the end of the cure window. One for a follow up three business days prior.

What counts as cure is real sales. Not a relisting. Not a price drop. Not a bulk order to a warehouse that returns later.

Ask for documentation if the publisher claims a cure.

• Net units by ISBN, format, and territory.
• Dates of sale within the cure window.
• Source of data, royalty system or distributor.

Reply with something like:

“Thanks for your note. To verify cure per Paragraph 14, please provide documented net sales by ISBN and format during the period December 1 through January 30. A royalty system extract or distributor report is fine.”

6) Handle responses, good or bad

• If the publisher agrees. Great. Move to loose ends, files, inventory, reserves, and set the effective date.
• If the publisher claims cure without proof. Reply with the request above and keep the window front of mind. No documents by the deadline means the cure failed.
• If the publisher does not respond. Send a second notice after the cure period ends. State that the period expired without cure and that rights revert as of the date in your letter. If silence continues, your agent or attorney sends a short, firm follow up.

Stay calm in every line. Your letter is part of the record.

7) Negotiate the loose ends

List what you need to wrap.

• Effective reversion date. Use the day after the cure period, or another agreed date.
• Exact rights returning. Format, language, territory. Example, English language ebook worldwide, audio English worldwide, translation rights for Spanish worldwide.
• Files. Print ready interior PDFs. Source files if the contract allows. Cover files, or a short license to reuse if artwork blocks transfer. Metadata, BISAC, long descriptions, keywords.
• Reserves against returns. Release them with the final accounting.
• Inventory. Buyback at cost within 30 days, or remainder or destroy at publisher expense. Confirm who pays freight.
• Retail takedown. Old editions marked unavailable on all retailers by a set date.

Confirm each item in writing.

8) Get a clean paper trail

Ask for a signed reversion letter or a short addendum. It should include:

• Title and ISBNs.
• Rights reverting, listed by format, language, territory.
• Effective date.
• File delivery deadline and method.
• Inventory terms and any buyback count.
• Statement about ISBNs staying with the publisher.

File the signed document with your contract. Save copies in cloud and local storage.

Two quick mini examples

• Sales trigger. Your thriller sold 82 units across all editions last year. You sent notice on June 1, cure window ended August 1, no documented sales arrived. On August 2, the publisher confirmed reversion of ebook English worldwide and delivered files by August 20.
• Subsidiary rights timeline. You granted audio in 2022 with an 18 month “produce and release” requirement. No studio booking by the deadline. You sent notice, audio rights reverted, and you recorded with ACX in time for Q4.

One page checklist

• Clause numbers noted.
• Evidence folder built.
• Letter drafted, sent per notice clause.
• Cure window tracked and enforced.
• Proof of cure demanded, if claimed.
• Loose ends listed and agreed.
• Signed reversion letter filed.

Professional, quiet pressure works. Precise steps, clean records, and firm dates bring your rights back without drama.

After Rights Revert: Relaunch and Monetize

Your rights are home. Treat the book like a fresh release with a short, focused plan and a clean paper trail.

Build a new edition

• Revisit the manuscript. Fix dated references. Trim flab. Add a foreword or a new chapter if it earns its place.
• Clear permissions. Quotes, lyrics, photos, charts. Get new licenses if terms expired or were tied to the old edition.
• Commission a new cover. Brief a designer with comps from your category, a one sentence hook, and three keywords you want readers to feel.
• Refresh front and back matter. Update the copyright line, publisher imprint, acknowledgments, and back matter calls to action. Point readers to your newsletter, series order, or a reading guide.
• Reformat for ebook and print. Use professional templates or hire a formatter. Check widows and orphans, scene breaks, and TOC links.

Position the book as a revised and expanded edition if you added meaningful content. That phrase earns attention with retailers and readers.

Set up self-publishing

• Assign new ISBNs. The old ISBN stays with the original publisher. You will need new ones for each format.
• Metadata pass. Choose BISAC codes that match current shelves. Write a tight description with keywords readers search for. Include series data and edition notes.
• Distribution plan. Use KDP for Amazon. Use IngramSpark for wide print and non-Amazon ebook channels if you want reach outside Amazon. Upload clean files and fill in territorial rights correctly.
• Pricing tests. Launch at a sharp price for a week to earn traction, then move to your target price. Try a short price drop around promotions and seasonal windows.
• Back matter calls to action. One clear ask at the end of the book. Newsletter signup or the next book in series. Link with short, trackable URLs.

Audio in the mix

• Decide on ACX exclusive or wide via Findaway. Run the math on royalty rates and retailer reach.
• Audition narrators. Provide a 2 page script with dialogue, action, and your trickiest names. Share notes on tone and pace.
• Lock schedule and delivery. Get raw files plus retail-ready MP3s, and a short sample for marketing.

Pitch a new publisher

A strong relaunch angle sells. Package the book like a proven asset.

• One page pitch. Hook, audience, updates in the new edition, comps, and why it deserves another slot in the catalog.
• Sales history. Units by year, best keywords, review highlights, awards, media. Keep it honest and clean.
• Marketing plan. Newsletter size, social reach, partner organizations, speaking dates, planned promotions.
• Ask. Request format and territory terms that fit your goals. Offer exclusive windows only where it helps your reach.

Agents love tidy materials. New editors do too.

License other rights

• Audio. If you prefer a publisher to handle production and retail, pitch with your sales history and updated script.
• Translation. Approach a translation subagent or a co-agent in target languages. Bring a one page rights guide, a sample translation if you have one, and a track record.
• Large print, book club, film or TV. Package rights with a clear logline, reader demographics, and press quotes. State your availability for promotion and events.

Use clear deadlines and performance triggers in every new deal. Use it or lose it terms prevent drift.

Build a marketing lift

• Announce "Back in print" with a reason to care. New chapter. New cover. New price for launch week.
• Newsletter. Two sends in the first month. One announce. One reminder with a short excerpt or a reader quote.
• Social. Post the new cover, a before and after, and a short video flip-through. Pin the post with a store link.
• BookBub and price promos. Apply for a Featured Deal. If you do not land one, run a self-serve promo with a coordinated price drop.
• Reviews. Email past reviewers. Offer advance files to librarians, bloggers, and Bookstagrammers. Include a one sheet with talking points.
• Events and seasons. Tie into relevant holidays, awareness months, conferences, or release dates for related titles.

Track every promo in a spreadsheet. Date, price, spend, units, and notes. Keep what works. Drop what does not.

Clean up the admin

• Retail pages. Ask Amazon to link the new edition with the review page for the old one via Author Central. Update Author Pages everywhere.
• Old edition status. Confirm the previous edition shows unavailable. If it lingers, send a takedown request to the publisher and attach the reversion letter.
• Website. Refresh the book page with new cover, description, and buy links. Add media kit assets and a downloadable reading guide if relevant.
• Goodreads. Create or claim the new edition. Ask a librarian to merge editions if needed.
• Libraries. List print via IngramSpark and ebook via OverDrive or similar channels. Email local librarians with the new ISBNs.
• Accounting. Request the final royalty statement. Confirm release of reserves. Save the reversion letter with your contract files in two places.

A simple 6 week relaunch plan

• Week 1. Final edits, cover brief, ISBNs, metadata draft.
• Week 2. Formatting, audio auditions, upload print and ebook for preorders.
• Week 3. ARC distribution, press list, newsletter announce scheduled.
• Week 4. Social assets, BookBub submission, price promo slots booked.
• Week 5. Launch. Newsletter send one. Social post series. Short price drop.
• Week 6. Review push, newsletter send two, outreach to libraries and podcasts.

Quick checklists

Production

• Manuscript updates locked
• Permissions cleared
• New cover delivered
• Ebook and print files proofed

Retail setup

• New ISBNs assigned
• Metadata and categories final
• KDP and IngramSpark live
• Audio plan chosen and scheduled

Marketing

• Newsletter dates set
• Social assets ready
• Promo partners confirmed
• Review team briefed

Admin

Red Flags and Practical Tips

Reversion works when the contract gives you clear levers. Trouble starts when language blurs those levers. Read with a pen in hand and a hard eye.

“In print” tricks

Red flag language

• “In print means available in any format including POD or ebook.”
• “Publisher has sole discretion to determine in-print status.”
• No sales threshold at all.

Why this hurts

• A lonely POD listing with no orders keeps rights stuck for years.
• “Sole discretion” means you wait while nothing moves.
• Availability equals forever.

Fix to request

• Tie “in print” to sales over time. Example: “Fewer than 200 copies across all English-language editions in any twelve-month period triggers reversion upon written notice.”
• Delete “sole discretion.” Use “based on reported sales in publisher royalty statements or other verifiable accounts.”
• Add a POD and ebook carve-out. Example: “Availability in POD or digital format does not satisfy in-print status unless the sales threshold above is met.”

Quick check

• Search your contract for “in print,” “availability,” and “discretion.” Circle anything that overrides sales math.

Thresholds that trap rights

Red flag language

• “Out of print means fewer than 25 copies in a calendar year.”
• “Threshold reviewed at publisher’s option.”

Why this hurts

• Low thresholds never trigger. Backlist often sells 25 copies by accident.
• One soft promo resets the clock without true demand.

Fix to request

• Numbers that reflect real performance. For most trade books, 100 to 250 units across formats over twelve months works. Or use two consecutive royalty periods below 150 units.
• Require consecutive-period tests. Example: “Reversion if sales fall below 150 copies in two consecutive royalty periods.”

Mini exercise

• Pull your last two statements. Add total units across hardcover, paperback, ebook, and audio. Would your numbers meet a fair trigger today? If not, raise the threshold on the next deal.

Cure periods that never end

Red flag language

• “Publisher will cure within a commercially reasonable time.”
• “Cure by restoring availability.”

Why this hurts

• “Reasonable” slides into months or years.
• Relisting without sales stops the trigger with no readers gained.

Fix to request

• A short clock and a real fix. Example: “Upon notice, publisher has 60 days to cure by achieving the sales threshold, not by relisting or preorders. Failure to cure results in automatic reversion.”
• Limit cure to the specific format or territory that fell short. No global reset.

Matching and holdback traps

Red flag language

• “Publisher retains a right of first refusal or matching right upon reversion.”
• “Author agrees not to exploit reverted rights for 12 months unless offered to publisher.”

Why this hurts

• New deals stall while you wait for a match that arrives late or on worse terms.
• Holdbacks bleed momentum after reversion.

Fix to request

• Strike matching rights tied to reversion. If an option clause must stay, limit it to the next new work in a series, with a short response window and defined terms.
• No holdback on reverted rights. Reversion means freedom on day one.

Anecdote

• One writer’s ebook rights reverted in March. An option clause forced a 90 day wait while the old publisher “considered” a new ebook. Summer promotions died on the vine. Remove that tripwire now, during negotiation.

Data gaps and proof

Red flag language

• Vague reporting or annual statements only.
• No audit rights.
• “Sales data provided upon request at publisher’s discretion.”

Why this hurts

• You lack evidence to trigger reversion.
• Errors stay hidden.

Fix to request

• Semi-annual statements with unit counts by format and territory.
• Audit rights on reasonable notice, at your expense, with repayment and audit costs if errors exceed a defined percentage.
• Permission to rely on retailer dashboards for verification where you have access.

Practical habit

• Keep your own sales log for promotions, events, and direct sales. Note dates, prices, and lifts. When numbers and memory clash, the log wins.

Orphaned books and shuttered presses

Problem

• The publisher folds or assigns your contract to a new owner without notice. Emails bounce. Royalties stop.

Steps to take

• Read the assignment and insolvency clauses. Look for reversion on bankruptcy, failure to pay, or assignment without written consent.
• Track down the receiver or assignee. Send notice with the reversion letter attached. Use certified mail and email.
• Gather proof of nonpayment or lack of publication. Royalty gaps, returned mail, retailer screenshots.
• If the paper trail goes nowhere, speak with a publishing attorney about other paths, including statutory termination timelines in the United States.

One tip

• Save every statement and email in one folder with the contract and reversion letter. When a press goes dark, records keep you moving.

Small press and hybrid nuances

Risks

• Vague promises about marketing and distribution.
• No deadlines for publication or for exploiting audio or translation.
• All formats under one blanket grant with no partial reversion.

Terms to set

• Publication deadline after delivery and acceptance. Twelve to eighteen months works for most.
• Use-it-or-lose-it timelines for audio, large print, and translation. Eighteen to twenty-four months to act, or those rights revert automatically.
• Partial reversion stated in plain words. Ebook rights revert even if print remains available. Territories and languages revert independently if minimum performance is not met.
• File delivery on reversion. Final interior files, cover files where the publisher owns rights, metadata, and a final royalty accounting with release of reserves.

Sanity check

• Before signing, ask for a sample contract and a recent royalty statement with personal data redacted. Track record matters more than promises.

Quick contract scrub

Grab a highlighter and search for these phrases

• “Available in any edition”
• “Sole discretion”
• “Commercially reasonable time”
• “Right of first refusal” or “matching right”
• “Publisher’s option” tied to reversion
• No sales numbers next to “in print”
• No audit right
• No cure period limit
• No partial reversion

Every one of those phrases deserves a line through it or a tighter rewrite.

Final thought

Reversion is leverage. Clear numbers, real timelines, and automatic triggers turn leverage into action. Do the hard reading now, and future you owns the win.

Frequently Asked Questions

What is a reversion clause and why should I care?

A reversion clause is the contractual mechanism that returns rights to the author when specific triggers are met — low sales, failure to publish, bankruptcy or other objective events. It matters because it protects your long‑tail income: it lets you relaunch, self‑publish, or sell subsidiary rights when the publisher stops actively exploiting the title.

Think of it as a timed safety valve: clear, measurable triggers turn what can become a decade of limbo into a procedural, actionable process for reclaiming control.

How should “in print” be defined so reversion works for me?

“In print” should be tied to sales, not mere availability. Use an out‑of‑print trigger tied to sales such as “fewer than 150 net units across all formats in any rolling 12 months” or a revenue floor, and explicitly exclude lone POD or dormant ebook listings from satisfying the threshold.

Also require that sales be measured from verifiable sources (royalty statements, distributor reports) and remove any “sole discretion” language so the trigger is objective and enforceable.

Can I ask for partial reversion of specific formats or territories?

Yes — partial reversion is standard and highly useful. Clerically specify that rights may revert independently by format, language and territory so ebook reverts while print remains, or a territory returns if unexploited.

Sample contract language should state “rights may revert independently by format, language and territory,” with the corresponding sales floors and cure windows tied to each slice to avoid disputes.

What evidence do I need and what is the correct reversion notice procedure?

Gather the last two royalty statements, a simple spreadsheet tally of units by ISBN/format, and dated retailer screenshots. These form the packet proving the trigger is met. Follow the contract’s notice method exactly — certified mail if required, and copy editorial, rights and your agent or lawyer.

Draft a concise reversion letter citing the clause numbers, the measured sales or missed deadlines, the specific rights you seek to revert, and a clear requested confirmation date. Keep the tone factual and save every receipt and email as part of the paper trail.

What timelines should I expect for subsidiary rights like audio and translation?

Negotiate fixed “use it or lose it” timelines for subsidiary rights: commonly 12–18 months to produce and release audio, 12 months for large print, and 18–24 months to sign translation licenses. If the publisher fails to act by the deadline, those rights should revert automatically on notice.

Put the timeline for subsidiary rights reversion in the contract so you can reclaim and monetise those rights quickly rather than waiting for indefinite internal delays.

What materials should the publisher deliver when rights revert?

Insist the reversion letter require delivery of production‑ready files within a short deadline — interior PDFs, editable source files where permitted, cover files or a licence to reuse the artwork, final metadata (BISAC, keywords, descriptions) and a final royalty accounting with reserves released.

Spell these “materials you receive on reversion” into the contract or addendum so you can relaunch fast without chasing files or waiting on manual exports from an unhelpful rights team.

What happens if the publisher is insolvent, unresponsive or assigns my contract?

Include insolvency and assignment triggers in your contract: automatic reversion on bankruptcy, receivership, cessation of business for a set period, or assignment without your written consent. If a press goes dark, send your reversion notice by certified mail and email to the receiver, keep your records organised, and involve a publishing lawyer if necessary.

Although bankruptcy can complicate recovery, clear contractual language gives you leverage with a receiver and speeds the process of reclaiming rights so you can relaunch with minimal delay.



Download FREE ebook

Claim your free eBook today and join over 25,000 writers who have read and benefited from this ebook.

'It is probably one of the best books on writing I've read so far.' Miz Bent

Leave this empty

Get free book