Foreign rights and foreign licensing deals are two distinct concepts within the realm of
publishing, each playing a crucial role in expanding the reach of an author’s work beyond
their domestic market. Understanding the difference between these terms is essential
for authors navigating the complexities of international publishing agreements.

Foreign Rights:
Sale of foreign rights involves granting permission to a publisher to translate an
English-language book into a foreign language and sell it in a specific country or group
of countries, also known as a “territory.” Additionally, it may involve publishing the
English-language book in a territory where it is not currently available. Foreign rights are
a subset of subsidiary rights, which are an essential aspect of copyright ownership.
Authors often consider exploiting foreign rights for out-of-print books, especially if the
original work had substantial sales and broad appeal. Foreign rights agreements can be
relatively straightforward and may require little upfront cost, depending on the
negotiation and the market demand for the book in other countries.

Foreign Licensing Deals:
On the other hand, foreign licensing deals involve negotiating agreements with foreign
publishers or agents to license the rights to publish and distribute a book in a specific
territory or language. The structure of a foreign licensing deal is similar to other
publishing agreements, addressing issues such as royalties, advances, and contract
terms.

Authors may choose to work directly with foreign publishers or agents, but it is often
recommended to engage a foreign rights agent who specializes in matching books with
suitable publishers in various countries or languages. These agents have the expertise
and industry connections to maximize the book’s potential in international markets.

Key Considerations:
● Royalties and Advances: Royalty rates for foreign rights and licensing deals
typically range from 5% to 10%, with advances paid 60-90 days after signing the
agreement. Royalties are usually paid annually, and digital publication terms may
differ from print rights.
● Copyright Ownership: Translating a book creates a new copyright in that
translation, and foreign publishers may seek ownership of that copyright. Authors
should negotiate these terms carefully.
● Legal and Cultural Considerations: Understanding the legal and cultural
differences in foreign markets is crucial, especially when dealing with third-world
or former Soviet satellite countries. Authors are advised to seek legal advice
before signing any foreign publishing deals to ensure they understand the
implications and protect their rights.
In conclusion, while foreign rights and foreign licensing deals both involve expanding a
book’s reach into international markets, they differ in terms of the rights granted and the
structure of the agreements. Authors seeking to explore these opportunities should
approach them strategically, with the guidance of experienced agents or publishing
attorneys to navigate the complexities and maximize the benefits of international
publishing.