SPECTRUMPractical routes into York's creative life

Part 3 · Protect and produce

6

Rights, contracts and money

Understand the questions that need answers before you grant rights, use other people's material or commit money.

Copyright starts with the work, not an ISBN

In the UK, copyright protection is automatic when qualifying original work is created; there is no general registration process you have to complete to obtain copyright.

The author or creator is usually the first copyright owner for literary and artistic work, but employment, joint creation, commissions and agreements can change the position.

Licence, assignment and permission are different questions

A licence permits defined uses of rights. An assignment transfers ownership of rights. Permission may be needed when you want to reproduce somebody else's protected text, illustration, photograph or other material and no applicable exception covers the use.

Scope matters: format, territory, language, duration and exclusivity can all affect what someone is allowed to do.

Multiple contributors need clarity

Co-authors, illustrators, photographers, translators and anthology contributors can create rights and credit questions that do not exist in a single-author text-only project.

Agree responsibilities, permissions, credits and commercial terms before production makes the relationship harder to untangle.

Read the commercial structure

  • What rights are being granted?
  • For which formats, territories and languages?
  • Is the grant exclusive?
  • How long does it last and how can rights revert?
  • What is the advance, fee or cost?
  • How are royalties calculated?
  • What deductions can be made?
  • When are statements and payments provided?
  • Who controls production files, metadata and accounts?
  • How can the agreement be ended?

Know when this guide should stop

Spectrum can explain concepts and identify questions. It cannot determine whether a particular contract is safe for you to sign, resolve disputed ownership or provide personalised legal, tax or accounting advice.

If significant rights, money or uncertainty are involved, use an appropriate professional or author-support organisation.

Before you move on

  • Confirm who created and owns each significant element.
  • Clear third-party material or establish a valid exception.
  • Read the rights grant, duration, territory and reversion terms.
  • Understand how money is calculated and paid.
  • Get individual professional advice when the agreement is material or unclear.

Sources and further checking