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Concluding a publishing contract is one of the most important steps in the author-publisher relationship, because the future of the book the author wants to publish depends on the requirements prescribed in it. Young authors often do not take contract signing seriously, and then they’re confronted with numerous challenges such as copyright infringement or unfair payments. Therefore, to ensure that both the publisher’s and the author’s rights are protected in the contract, you should read it really carefully before signing.

First of all, let’s figure out what a publishing contract is and what the purpose of it is. A publishing contract is an official document, a legal deal that you, as an author, will make with the publishing house for the publication of your book. By signing this contract, you give legal permission to distribute your work to the publisher, and in return, the publisher agrees to pay you a royalty.

However, a publishing contract is not about just getting your book published and receiving some royalties, as it usually also includes the ownership and grants, the author’s guarantees and the publisher’s compensation (in case of any legal violations), the contract duration and the process of rights return. For many authors, the process of concluding a contract may seem complicated and overwhelming. But everything is easier once you understand the key terminology and components of a publishing contract, which you’ll know from this article.

Key components of a publishing contract

1. Grant of rights

The most crucial thing for you as an author is protecting your copyright, as your royalties will absolutely depend on this. These are the rights that you give to the publisher. In this section of the contract, there’s usually a list of the publisher’s marketing permissions for your work. It includes details such as where the book will be sold (only in a specific country or globally) and the media formats in which you will publish it (printed, e-book, audiobook, etc.). It’s necessary to clarify these details when signing your contract to avoid any further misunderstandings and to be sure you retain enough rights while still allowing for successful book publishing and distribution.

2. Advance and royalties

This section is very important, as it includes remuneration, which consists of an advance payment and the amount based directly on the book’s sales. The sum you get paid upfront should be based on the expected sales of the book. And later it will be compensated from sales during the period — royalties. They’re usually a percentage of your book’s retail price and can vary depending on the format, such as hardcover, paperback, e-book, etc.

3. Contract duration

This section indicates how long the publishing house keeps the rights to publish and distribute your book. In fact, there are a few possible scenarios to consider. Some publishing contracts are extended for the period during which the book is in print. Sometimes the contract may demand the possibility of returning the rights to the author when the book is not being sold actively anymore. And some publishing contracts are strictly fixed-term, so the author gets the rights back after a specific period, e.g., three, five, or ten years. If you want to maintain control of your work, you should pay attention to the rights reversion prescribed in a contract when your book’s no longer actively sold.

4. Subsidiary rights

Subsidiary rights (or additional royalties for you) allow recreating or publishing your work in various formats based on the original material. For example, film adaptation, television, translation, audiobooks, podcasts, or merchandising. But to have an additional opportunity to monetize your work, you must retain ownership. Some authors neglect this, only to find out after a while that their book has been filmed or used in another format, with a small amount of compensation or nothing at all to them.

5. Editorial rights

This must be quite an obvious part, because editing is a natural and important part of the publishing process. However, you can agree on certain limits, and it is important to pay attention to such nuances as the publisher’s editorial control in the contract. There are contracts where publishers are given quite broad editing rights, allowing them to significantly edit and change the content of the manuscript, which can make the editor almost a co-author. And this can be really problematic if you, as an author, disagree with the modifications but are not legally allowed to reject them. To avoid conflict situations and copyright infringement, you need to agree on this in advance — the publishing contract should define the extent of editorial input permitted.

Common mistakes

Lots of inexperienced authors make careless mistakes while signing publishing contracts. Here’s a TOP 5 of the most common mistakes for you not to make:

1. Not reading a contract carefully (When you don’t understand some terms, it’s always better to ask than to sign recklessly…)
2. Giving away too many rights
3. Not paying attention to the royalty structures
4. Being afraid to negotiate (It’s literally your book and your right to get paid for it… Be confident to discuss the terms!)
5. Not considering rights reversion

Conclusion

Signing a publishing contract may be complicated at first, but it’s an important step in your writing career, so you better take it seriously. Remember that a well-structured contract protects your rights and ensures your fair payment.