Author’s legal considerations

From creation, editing, publication, marketing and distribution there are a number of legal considerations. 

Writing – ideas themselves cannot be protected which is why there are lots of books with the same story arc but the execution of an idea can be protected as can the characters in the stories. It is therefore important to undertake research to ensure that your story won’t infringe a third party’s intellectual property rights. 

Editing – editing can be for pure spelling and grammar to actual story editing. There are also AI tools that can be used in place of a human editor. In all cases, consideration should be given to confidentiality obligations and the scope of services. Time scales can also be very important, especially if there is a publishing deadline. If publishing with a traditional publisher they will often provide editing services as part of their contract. 

Even if the story is not illustrated, cover art for the book will likely be required. With the increased use of AI for image generation it’s important to decide whether this is acceptable. When working with another party who is going to contribute to your creation it is vital to determine ownership of the associated intellectual property rights and the scope of any licences. Equally important is the basis on which contributors will be paid – flat fee or royalties. 

There are three types of publishers – traditional publishers, hybrid publishers and self-publication printers. 

For most traditional publishers, the relationship between the author and publisher is managed by a literary agent. It is therefore important to consider the contractual relationship with the agent – what are they authorised to do on your behalf – for example, deal with book rights or film and tv rights as well and in which territories, and, very importantly, the percentage they will be paid for their services. Literary agents will negotiate and finalise the contract with the publisher including any advance payable. Traditional publishers often deal with a wider range of services such as finding illustrators, editors, and marketing strategies.  

This is different to hybrid publishers where the author pays the publishing house to publish their book. They may offer editing and illustration services for an additional cost but often the marketing is left to the author. These types of contracts are often on the publisher’s standard terms which are slanted in the publisher’s favour. It is important for an author using this route to establish time frames for performance and importantly review any exclusivity and termination provisions. 

True self-publishing through a provider such as Amazon KDP still requires consideration of the terms and conditions on which printing and distribution take place, but the terms tend to be more favourable to authors in relation to ownership of intellectual property. However, services such as illustrations, editing and marketing have to be sourced externally by the author. 

A good marketing strategy will be important to get sales beyond family and friends. Advertising should be compliant with the relevant ASA codes of practice, and where online influencers are being used to promote the book it is important to ensure that contracts are in place dealing not only with compliance but also the reputational damage that can be done to the book and author by the actions of the influencer. 

Most authors consider setting up their own website – cookie compliance needs to be ensured as well as general data protection compliance. The terms and conditions of the website developer and host should be reviewed and a website should have its own terms of use. If you are also selling books via the website then you should have appropriate e-commerce terms which are compliant with consumer law.