Rights and Permissions in Self-Publishing: A Clear Guide

Bildrechte im Selbstverlag sicher klären

Finding a suitable photo for the cover is quick and easy. However, permission to use it on a book cover, in an e-book edition, in advertisements and on social media is not automatically granted. Anyone who wants to clarify image rights in self-publishing should not wait until uploading the print file to do so. The question of rights belongs at the beginning of the book production process – alongside the manuscript, cover concept and typesetting.

This is not legal hair-splitting. An image can define a book, but if used inappropriately, it costs time, money and, in the worst case, a new edition. The good news: with a clear review and simple documentation, most risks can be avoided.

Which images in your book touch on rights

The term image rights is practical, but legally speaking it is an umbrella term. In most cases, the primary concern is the copyright of the person who created a photograph, illustration, graphic or painting. This person fundamentally decides whether and how their work may be published, edited or reproduced.

Additional rights often come into play as well. In a portrait, the person depicted may have a right to their own image. With buildings, artworks, brands, packaging or private interiors, additional questions may arise depending on the subject matter and intended use. A historical photograph is therefore not automatically free to use. Old does not mean public domain.

For your book, this affects more than just the cover. Also check images in the interior, maps, diagrams, scanned archival materials, quotations from illustrated books, illustrations in worksheets and small icons. Particularly in non-fiction, images are often added late in the process – leaving little time for proper rights clearance.

Clarifying image rights in self-publishing: usage is what counts

What matters is not only whether you are permitted to use an image, but for what purpose. A licence may, for example, only apply to a single print run. But your book may also appear as an e-book, an audiobook with accompanying materials, a reading sample, an advertisement or a translated edition. Each of these uses may fall outside the scope of the original permission.

Therefore, do not stop reading licence texts at the words „commercial use permitted“. Check specifically whether they include the cover and interior pages, whether digital editions are permitted, whether edits such as cropping, colour changes or text overlays are allowed, and whether attribution is required. The permitted print run, distribution territory and duration may also be limited.

A typical mistake looks like this: an author purchases a stock photo for her cover. The licence permits use in a printed product, but not use as a logo or brand. Later, she incorporates the image into her series branding. What began as a cover licence becomes a different – and potentially unauthorised – use. The image then has to be removed from all materials.

Before purchasing, write down exactly what you need: print, e-book, worldwide distribution, advertising, social media, reading samples and, where applicable, merchandising. This allows you to check the licence against a clear set of requirements rather than guessing after the fact.

Your own images and commissions: put rights in writing

If you have taken a photo yourself, you hold the copyright to it in many cases. Nevertheless, if recognisable persons appear in the image, you will generally need their consent for publication. Particular caution is advisable for a cover, as it is publicly advertised and distributed. A verbal agreement is difficult to prove in the event of a dispute. Obtain consent in writing and specify for which media and countries it applies.

If you commission a photographer, an illustrator, or a cover designer, the usage rights do not automatically transfer to you in full. Having paid does not mean you are permitted to use the work in any way you choose. A thorough briefing or a contract should therefore precisely specify the desired rights: book cover and interior, printed and digital editions, advertising, adaptations, translations, duration, and territorial scope.

The question of attribution should also be included. Some creatives request it, others waive it. Both are possible, provided it is clearly agreed upon. Keep the agreement together with the invoice and the final image file.

Public Domain, Creative Commons, and Image Libraries

Works in the public domain can be a valuable source, for example for historical illustrations or old artwork. Public domain generally means that copyright protection has expired. However, a modern reproduction, a heavily retouched scan, or the database itself may have its own terms and conditions. Always check the specific file and its origin.

With Creative Commons licences, the particular variant matters. Some permit adaptations, others do not. Some require sharing under the same conditions. Licences with the „NC“ designation exclude commercial use – a self-published book is generally not a safe exception to this. If you are unsure, do not use the image or obtain explicit permission.

Image libraries simplify licensing but do not replace your own due diligence. When purchasing or downloading, save the licence text, the order confirmation, the image ID, and a screenshot of the terms and conditions applicable at the time of acquisition. Websites change. Your documentation should be able to demonstrate at a later date why you assumed the use was permitted.

AI Images: Not Automatically Free of Questions

AI-generated images raise additional questions. Depending on the provider and subscription plan, usage rights may vary. Check whether you are permitted to use the result commercially on a book cover and in advertising. Also read whether the provider excludes certain motifs, style imitations, or trademarks.

The real challenge often lies in the subject matter. If an image closely resembles a real person, makes recognisable figures or protected trademarks identifiable, or conspicuously copies the style of a living artist, publication may carry risks. A prompt such as „in the style of ...“ is not a sound basis for a professional cover.

Treat AI images therefore like any other visual material: document their origin, critically evaluate the result, and assess their use against your specific publication plan. AI can generate motifs. However, it does not take on the legal decision-making for your book.

A Rights File Saves Work Later

Create a small rights file for each image you use. It can be kept in a project folder or a spreadsheet. Note the file name, creator or source, licence type, permitted uses, required attribution, purchase date, and storage location of the proof. For commissioned work, add the contract and approvals.

This system may initially seem like extra work. However, it saves you a great deal of time when you produce a second edition, plan a translation, or revise your cover. Service providers for typesetting and publishing can also work more efficiently when it is clear which material may be used.

A brief before-and-after comparison from practice: before, the manuscript contains the note „photo from the internet“. Afterwards, it reads: „File: chapter-3-harbour.jpg, source and licence proof in the Image Rights folder, usage: print, e-book, advertising, credit in the image credits“. Only the second note is reliable for production purposes.

What belongs in the image credits

Whether image credits are required depends on the licence and on academic or editorial conventions. For many non-fiction books, they are advisable even when there is no obligation. They create transparency and help you maintain an overview.

Include as much as the licence requires: the creator's name, title or subject, year, source, and licence notice. For Creative Commons material, the exact licence name must not be omitted. For purchased stock images, the wording specified in the contract is usually sufficient. Do not invent information and do not abbreviate mandatory details for reasons of space.

For novels, detailed image credits are often only necessary when images are used in the interior or when the licence requires it. For the cover, attribution can also appear in the imprint, provided this has been agreed upon.

When something remains unclear

If the chain of rights cannot be traced, an approval is missing, or the licence conflicts with your intended use, choose a different image. This is usually less costly than prolonged uncertainty. For important, unusual, or legally sensitive cases – such as archives, identifiable persons, or brands in the cover image – seeking qualified legal advice may be worthwhile.

Plan rights clearance as a fixed step in your production process. When the text, image files, and proofs are properly organised from the outset, you can focus again on what truly matters in the book: a design that supports your text without becoming a problem later on.

Leave a Comment