Mailbag: 6 Questions About Audio Publishing

After reading my article How I Started My Audiobook Publishing Company, a couple of people recently wrote to me with questions about the process. With their permission, I am answering their questions here so more people can benefit from and join in the discussion.

Before you read further, I should state that I’m not a lawyer. I offer advice based on my experience in the audiobook industry, but anyone considering starting a publishing company may need to consult with an attorney.

 

Telisha’s Questions:

1. Does ACX accept copyright audiobooks without the author’s consent in the example of an economy book that has been in publication for 20 years and has a new edition every year which comes out and has never had an audio version.  I would love to do it. From reading your article, I would hate to have this idea usurped as the authors did in your experience.

In order to publish an audiobook, the text must either be in the public domain, or  you must have the audio rights to publish it. Authors own the audio rights to their work unless and until they assign the rights to another party. Many publishers include audio rights as part of a publishing contract for the work.

This chart shows you copyright term and the public domain in the US. The terms vary for other countries; for example, this page has info about copyright in the UK.

If the work is in the public domain, anyone can use it for whatever purpose they like. As an example, I discovered 2 related books were in the public domain, and neither had ever been recorded. I edited both books together so they followed a consistent timeline. The result was an original, derivative work for which I now hold the copyright: Bly vs Bisland: Beating Phileas Fogg in a Race Around The World. I created the Kindle book and produced and co-narrated the audiobook.

Bly vs Bisland is one of my all-time favorite projects!

If the copyright is still valid on the book, you must do research to determine who holds the audio rights. It could be the author, the author’s literary agent, or a traditional publisher.

When using ACX.com to distribute the audiobook, you must first be able to claim an edition on Amazon. It doesn’t matter whether the edition is Kindle, paperback, or hardback. My article linked above gives the steps and additional info about claiming the Amazon edition when you are using a text in the public domain. The ACX process is much simpler for claiming titles still in copyright and would start with step 6 and skip step 7 in my article.

Not knowing or being able to find the rights holder does not give one permission to record and publish the audiobook! Copyright infringement can be a serious and costly mistake.

Which leads us to the next question…

 

2. How do you find out who holds the Rights on a book currently in print? Can you negotiate to buy the audio rights? Is there a better way to buy the audio rights to a book currently in print?

The research on rights can start with how the book came to your attention. If you know the author, you can ask her whether she still has the audio rights to a book.

If the work is traditionally published, you can contact the Subsidiary Rights department of the publisher. Otherwise, you need to become a detective or hire a researcher.

Once you find the rights holder, you can negotiate with that party to license the audio rights.

In August 2016, I hosted a webinar with Jessica Kaye, a Grammy-winning audiobook producer/director of over 500 titles, founder of long-time audiobook distributor Big Happy Family Audio, and intellectual property attorney at Kaye & Mills. Before the webinar, I compiled a list of links to aid in researching the rights holder and distributing the finished audiobook. In the 1.5 hours of the webinar, I asked Jessica how to structure the deal and specific questions about the budget for licensing. You can buy a copy of the recording and receive my exclusive list of links for $49 on my Shop page.

 

3. What production and payment options did you choose and why? I read up on the ACX website, but wanted to get your perspective as a seasoned business owner and narrator. 

ACX forces one to select non-exclusive distribution when publishing an audiobook from a public domain text. The royalty rate is currently 25% of earnings, paid each month.

With Bly vs Bisland, I could have chosen exclusive distribution since it is an original work. Exclusive distribution gives you a 40% royalty rate, but you’re only allowed to sell the book on Audible, Amazon, and iTunes throughout the contract period. I chose non-exclusive distribution for it as well since I’d also like it to be available in libraries and places like the NY Historical Society Museum.

I’m currently producing and narrating a text for which I negotiated and licensed the audio rights. I haven’t decided if I want to distribute through ACX or another venue. If I do go through ACX, I’m leaning toward exclusive distribution for the first year to maximize the royalties paid. Like print editions, the interest in an audiobook is highest during its first year.

After the first year, section 12(A) of the ACX Book Posting Agreement states that you can write to Audible to request a change to non-exclusive distribution for titles produced under the pay-for-production model. The distribution cannot be changed for books created under a royalty share (RS) contract. As both the audio rights holder and narrator, I wouldn’t enter into an RS agreement with myself.