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Territories and world English rights
Rights to a book are divided by language and territory. Understanding the terms makes contracts easier to read and sales easier to plan.
A book's rights are not one thing. They can be divided by format, by language and by territory, and different parts can be granted to different publishers. Territory is the dimension that often causes the most confusion, particularly for books in English, which is sold in many countries.
This is a general explanation. Contracts vary a great deal, and anyone negotiating or signing one should take specific advice.
What territory means
Territory is the part of the world in which a publisher is allowed to sell a particular edition of a book. When an author grants rights to a publisher, the contract sets out the territory covered. The publisher may sell there, and generally may not sell outside it, except where the contract allows.
For books in English, common territory arrangements include world English, which covers the English-language edition everywhere; the UK and Commonwealth, which is traditionally defined in a list attached to the contract and may or may not include Canada; and North America, or the United States alone.
The precise definition of each territory is set by the contract, not by general custom, so the list of countries in the contract is what matters.
Exclusive and non-exclusive territories
Within a grant, some territories are exclusive and some are not. In an exclusive territory, only the publisher holding the rights may sell its edition there. In a non-exclusive territory, often called the open market, more than one publisher's edition of the same book may be sold.
Certain regions have historically been treated as open market for English-language books, with editions from both British and American publishers competing there. How a particular contract treats a particular region is, again, a matter for that contract.
World English and split rights
An author or agent can grant world English rights to a single publisher, which then publishes and sells everywhere English editions are sold, and often licenses other publishers in particular territories.
Alternatively, rights can be split. A British publisher may acquire UK and Commonwealth rights and an American publisher North American rights, each producing its own edition with its own ISBN, cover and publication date.
Splitting rights can mean more publishers actively promoting the book in their own markets. Granting world English rights to one publisher can mean simpler administration and one strategy. Which suits a book depends on the book, the publishers involved and the terms offered.
Ebooks and territories
Ebooks are sold online, but the territory rules still apply. Retailers and distributors restrict sales by country according to the rights data supplied with the ebook. A publisher holding UK and Commonwealth rights should make the ebook available only in those territories, and the publisher holding North American rights should do the same for theirs.
For independently published books, where the author holds world rights, it is usual to make the ebook available everywhere. The choice becomes more complicated if some territories have been licensed to others.
Anyone holding or licensing rights should keep a clear record of what has been granted, to whom, for which territories, languages and formats, and for how long. Rights can revert, licences can expire and territories can overlap if records are poor.
Rights are assets. Knowing precisely which ones have been granted, and which remain available, is what makes it possible to license them again.