"If I sign with a publisher, do they own my book now?"
It's one of the most common questions first-time Indian authors ask — often after they've already signed something, already paid something, or already handed over a manuscript. The fear is real, and it's valid. Because in some cases, the answer is yes. A publisher can end up owning your book — not through theft, but through contract language you didn't fully understand at the time.
This guide breaks down exactly what Indian law says about who owns your book, what specific contract clauses to watch for, and what "100% author rights" actually means in practice — not as a marketing phrase, but as a legal and operational reality.
No jargon. No fine print. Just clarity.
|
What You Will Learn
|
The Law Is Actually on Your Side — From the Moment You Write
Here is the foundational fact that every Indian author needs to know: under the Indian Copyright Act of 1957, your book belongs to you the moment you write it.
You do not need to register it. You do not need to publish it. You do not need to put a copyright notice on the first page. The moment your words exist in written form — on paper, in a Word document, in an email to yourself — you are legally the copyright owner.
That protection lasts for the rest of your life, plus 60 years after your death. Your heirs can inherit the rights. No one can legally reproduce, distribute, sell, adapt, or translate your work without your permission.
India is also a signatory to the Berne Convention — meaning this protection is recognised in 180+ countries, including the US, UK, and across Europe. Your book written in India is legally protected globally.
Key Legal Fact
Copyright registration (government fee: ₹500 for literary works) is not required for protection — but it is highly recommended because it creates an official legal record of your ownership, which makes any future dispute significantly easier to resolve.
The Critical Distinction: Owning Copyright vs. Granting a License
This is where most authors get confused — and where predatory contracts exploit that confusion.
Owning copyright means the work belongs to you. Full stop.
Granting a license means you are giving someone else permission to use your work — for a defined purpose, in a defined territory, for a defined period of time — while you still own it.
A legitimate publisher — whether traditional or self-publishing — should only ever ask for a license. They need permission to print your book, list it on Amazon, and distribute it. They do not need to own your copyright to do any of that.
The moment a publisher asks you to transfer your copyright to them — meaning sign it over as if you were selling them the ownership of the work itself — that is a serious red flag. Your copyright is not a service fee. It is the thing that is worth protecting above everything else.
Think of it this way:
You own a house. You can rent it to a tenant (license). That does not mean the tenant owns the house. But if you sign a document transferring the title to them, you no longer own the house — even if you still live in it. Copyright transfer works exactly the same way.
5 Contract Clauses That Are Red Flags for Indian Authors
These are real clauses that appear in publishing contracts — often buried in dense legal language on page 7 of a 12-page agreement. Know what to look for before you sign anything.
⚠ Red Flag #1: Copyright Transfer Clause
What it looks like: "The Author hereby assigns and transfers all copyright in the Work to the Publisher for the full term of copyright protection."
Why it's dangerous: This hands over your ownership permanently. Even if the publisher stops selling your book, stops operating, or goes bankrupt — they (or their heirs, or whoever acquires their assets) technically own your book. You cannot publish it elsewhere, republish it yourself, or sell adaptation rights. A publisher does not need to own your copyright to publish your book. This clause exists to benefit only the publisher.
⚠ Red Flag #2: Life of Copyright Grant Without Reversion
What it looks like: "The Publisher shall have the exclusive right to publish and distribute the Work for the full term of copyright." (No clause about what happens if the book stops selling.)
Why it's dangerous: In India, copyright lasts your lifetime plus 60 years. Without a reversion clause, a publisher can hold your rights for decades even if they sell zero copies, do zero marketing, and effectively let your book die. You cannot take it elsewhere. A healthy contract specifies: if sales fall below X copies per year (or royalties below ₹X), rights revert to you automatically.
⚠ Red Flag #3: Adaptation Rights Grab
What it looks like: "The Publisher shall have the exclusive right to exploit all subsidiary rights including but not limited to film, television, audiobook, translation, and merchandise adaptations."
Why it's dangerous: A publisher whose only capability is printing a paperback is now claiming rights to your book's movie adaptation, OTT rights, and every translated edition — rights they have zero infrastructure to actually use. This doesn't benefit you. It simply ties your hands. If your book gets attention and a production company approaches you, the publisher — not you — controls the conversation.
⚠ Red Flag #4: "All Formats, All Territories, Forever" Language
What it looks like: "All rights in every format and medium now known or hereafter invented, in all languages, in all countries of the world."
Why it's dangerous: This sweeps in formats that don't even exist yet. Audiobooks, interactive ebooks, AI narration, VR adaptations — all of it. The publisher is claiming rights to future technology they cannot possibly deliver on today. Legitimate contracts specify exactly which formats (print, ebook, audiobook) and which territories they are licensed for.
⚠ Red Flag #5: No Royalty Transparency or Audit Rights
What it looks like: Royalty payment terms are vague ("as determined by the publisher"), no schedule is specified, and there is no clause allowing the author to verify sales records.
Why it's dangerous: Non-payment and under-reporting of royalties is consistently the #1 complaint category from Indian authors who have published with questionable companies. If you cannot see the sales data, you cannot verify if you've been paid correctly. A legitimate publisher provides monthly or quarterly royalty statements with a clear breakdown of copies sold per platform.
What "100% Author Rights" Actually Means in Self-Publishing
The phrase "100% author rights" appears in many publishing company descriptions. Here is what it should mean in practice — not just on paper.
|
At OrangeBooks, these are not promises in a brochure. They are contractual terms — written clearly, without jargon — that every author reads and signs before a single rupee changes hands. Our team will walk you through every clause in a free consultation call before you commit to anything.
Traditional Publishing vs. Self-Publishing: A Rights Comparison
Understanding the difference helps authors make an informed choice — not based on prestige, but on what they're actually getting.
Note: Traditional publishing royalty rates vary by publisher and contract. Use the OrangeBooks royalty calculator to model your actual earnings from self-publishing before making a decision.
Before You Sign: A Pre-Contract Checklist for Indian Authors
Use this list before signing any publishing agreement — traditional, hybrid, or self-publishing.
|
If you cannot find clear answers to each of these questions in the contract, ask. If the publisher becomes evasive, defensive, or pushes you to sign without explaining — that is your answer.
Your Story. Your Rights. Your Future.
The books that shaped you — the ones that moved you, stayed with you, changed how you saw the world — were possible because someone wrote them. That someone sat alone, built something from nothing, and decided it was worth sharing.
That act of creation is yours. Indian copyright law agrees. A legitimate publisher agrees. Your publishing agreement should agree.
If you are an aspiring author trying to figure out how this industry works, read how Roshan Prasad spent five years researching and finally published his book with complete transparency — rights, royalties, and all. Or see how Vraj Adhiya published four books across three genres and retained full ownership of every word.
Their stories are yours to read. Their books are their own to keep. That is what author-first publishing looks like.
|
Get a Free Publishing Consultation We'll walk you through our agreement clause by clause — no pressure, no jargon, no hidden terms. Because you deserve to understand exactly what you're signing before you sign it. 📞 +91-810-964-5082 | 📧 info@orangebooks.in |
Related Guides for Indian Authors
📗 Author Success Stories
Read real journeys from authors who published with OrangeBooks — and kept every right.
Read Vraj Adhiya's story →💰 What Does Self-Publishing Actually Cost?
Transparent pricing for every service — so you know exactly what you're paying for.
See full cost breakdown →🔢 ISBN & Copyright Registration in India
How to register your copyright officially, and why an ISBN in your name matters.
Learn about our ISBN service →📕 How to Sell Your First 100 Copies
Once your book is published and rights-protected — here's how to get it into readers' hands.
Read the guide →