The indie publishing journey: All things “legal”

It can be a bit scary to think about the legal aspect of publishing a book. What kind of registrations do I need? How about copyright? Are there specific requirements for libraries? But all these questions can be answered. For an overview of some key publishing legalities, check out today’s post about all things “legal” when it comes to indie publishing! →

SERIES CONTENTS

🤷‍♀️ What, why and how | 💰 Business mechanics | 📝 Editors and editing | 📚Choosing a platform | 📜All things “legal” | 🎨 Designing the book | 📈 Marketing 101 | ⚙️ Tips, tricks and tools

ISBNs & barcodes

An International Standard Book Number (ISBN) is unique identifying number for a published book or book-like product. Since 2007, ISBNs have been 13 digits long, and you need a separate number for each format of the book (e.g. paperback, hardcover, ebook). When you indie publish a book, there are some platforms that might provide you with a free ISBN, but it is very strongly recommended that you purchase your own. Why? If you use a free ISBN from a publishing platform, the platform will be listed as the publisher. If you purchase your own, you will be listed as the publisher. In Australia, you can purchase ISBNs through Thorpe-Bowker Australia.

A barcode is a graphical representation of a book’s ISBN, and it can also contain other information such as the price of the book. Barcodes are used on physical books so they can be scanned in libraries and bookstores. While you can purchase a barcode along with your ISBN, most publishing platforms will generate a free barcode for you once you provide your ISBN.

The basics of copyright

How do you get your book protected by copyright? Copyright law varies from country to country. In Australia, copyright is free and automatic under the Copyright Act 1968. From the moment you write your book, even before it’s published, it is protected by copyright in Australia; there is no need to register. You can add the © symbol and a copyright notice to your work if desired, but it’s not strictly necessary. Some great information is available from the Arts Law Centre of Australia. If you’re not from Australia, make sure you research the copyright laws in your own country!

In many places around the world, copyright of written works lasts until 70 years after the death of the author. At this time, the copyright will expire and the material falls into the “public domain”, where it can be freely used. It’s very important to understand this so you can avoid infringing the copyright of other authors. For example, even quoting another author’s copyrighted work can be risky, since copyright law often doesn’t specify what quantity is okay to use. You may need to request permission to use their works. Jane Friedman provides some good points to think about on this matter.

Library requirements

What other legalities are there to think about when indie publishing your book? Something you may need to look into is whether your National Library or equivalent has any requirements—or even opportunities that may help get your book out there. For example:

Legal deposit: In Australia, it is mandatory under the Copyright Act 1968 for publishers to deposit one copy of every work they publish in Australia to the National Library of Australia. This is called a legal deposit, and as an indie publisher, it’s your responsibility to make sure you do this. State Libraries also have a legal deposit requirement. Fortunately, with the National edeposit service, you can usually conduct these simultaneously.

Prepublication Data Service: Formerly known as Cataloguing in Publication, the Prepublication Data Service is a service offered by the National Library of Australia. It enables publishers (including indie publishers) to make the details of their upcoming book available to Australian libraries, library suppliers, and members of the industry. This can then facilitate selection, ordering, and acquisition of the book.

DISCLAIMER: I’m neither a legal professional nor an expert in publishing. The information compiled above was sourced from government and other trusted websites I used while researching legalities for my own book, and any additional advice is based on my own experiences. It may or may not suit your personal situation, so make sure you take the time to do your own research!!

Have you navigated any legalities for publishing your own book? Did you learn anything valuable from the process? Feel free to share any helpful resources in the comments below!