The Publishing Contract

 

Here you'll find: 

• FAQ: What is it and how's it work?
• ​What Will Be In the Contract: Some clauses  and terms to know

FAQ

What is a publishing contract?
This is the document you sign, outlining the rights you're granting to the publisher, and your obligations to each other. 

What am I agreeing to?
Basically, you're giving them permission to publish your book in various formats, like print and audio. What you agree to give them is up to you and your agent. You're also ensuring that they agree to do things that you want. It's a two-way street. 

I'm not good at understanding contracts.
That's what your agent is for! They go to bat for you here, and negotiate the contract for you. Feel free to read up on different kinds of clauses, but don't stress too much. Any questions you have, your agent can answer. This is their job, and they know what they're doing. 

Do I have to agree to whatever the publisher offers?
Nope! If you're unhappy with something in the contract, you can talk to your agent about changing it before you sign. The publisher expects give and take. You're allowed to stand up for yourself. 

If I sign, does the publisher become my employer?
No. You're a freelance worker, providing a product. Signing a publishing contract doesn't mean you're working for the publisher. 

What will be in the contract?

What turns up in your contract is between you, your agent, and your publisher. Your agent should answer any questions you have about your contract, and can help you understand it.

Keep in mind that, while your editor is probably a great person, and you're all really excited, this is a business negotiation, and you're dealing with a company whose main goal is to make money. 

Time to approach this with a level head and clear eyes. 

This is a negotiation. The publisher needs your product, and you deserve compensation for your work. So, while it might feel like the publisher is a fairy godmother answering your greatest wish, remember: they're not doing you a favor - they're doing their job. 

Here are some terms you might encounter. These are by no means exhaustive, and are *definitely* not legal advice. 

Boilerplate: A publisher's template publishing contract, meant to be individualized and adjusted to fit your situation. You shouldn't be signing a boilerplate contract; it'd be a bit like moving into an unfinished house. 

Joint Accounting: Combining the funds of multiple books together into one advance, so that each of those books have to earn out before you get royalties for any of them.

Mandated publication period: A specified amount of time within which your publisher has to actually publish your book.

Morality Clause: Says that if the publisher finds your behavior immoral they can cancel your contract. 

Option Clause: (Also called Right of First Refusal) Says the publisher gets the first look at whatever you write next to decide if they want to offer on it, before you send it to anyone else. These should be made finite and specific; they shouldn't get dibs on anything you write ever again for the rest of time.

Subsidiary Rights: (Subrights) The rights to publish your work in other formats, like audiobooks, plays, or graphic novels. 

Territories: The countries or regions in which the publisher has the right to sell your book. 

Again, this is where your agent shines. They know these contracts inside out and backwards. They're here to negotiate this stuff on your behalf, so don't stress yourself out. Just speak up if anything seems weird,  and ask lots of questions if you're at all confused or concerned.