The publishing contract: an enormously important document for both author and publisher

A publishing contract sets out how an author and a publisher collaborate in the publication of a book. It regulates, among other things, which exploitation rights the author grants, the remuneration (royalty), the print run, and the duration. Thanks to the Copyright Contracts Act, the author enjoys additional protection in this regard.

Author and publisher need each other

The author is a specialist in writing, the publisher in producing, publishing, and selling books. They cannot do without each other. The publishing contract sets the rules for this collaboration and is an important document for both parties.

What rights does the author grant?

The core principle is that the author grants the publisher the right to exploit their work. This can be done via a license (permission within limits) or a transfer of rights. Specify exactly which rights are involved (print, e-book, translations, film adaptation), for which territory, and for which period. The broader the rights you grant, the less control you retain.

Remuneration, circulation and duration

Arrange for the author's compensation, usually a royalty (percentage per copy sold) and possibly an advance. Also specify the print run, the duration of the contract, and the settlement and accountability procedures. Unclear agreements regarding these matters lead to financial disputes.

Protection under the Copyright Contracts Act

The Copyright Contracts Act strengthens the position of the author: the right to fair remuneration, additional compensation in the event of unexpected success (the bestseller provision), and the possibility to reclaim rights if the publisher fails to exploit the work or exploits it insufficiently (non-use). A good publishing contract takes this into account.

Frequently Asked Questions

Do I sell my rights with a publishing contract?

That depends on the contract: you can license or transfer rights. Specify exactly which rights, for which territory, and for what period.

How do I get paid as an author?

Usually via a royalty per copy sold and sometimes an advance. Clearly document the settlement and accountability.

What protection do I have as an author?

The Copyright Contracts Act grants the right to fair remuneration, a bestseller clause, and the recovery of rights in the event of insufficient exploitation.

Drafting or reviewing a publishing contract?

Our legal experts draft license or publishing contracts in accordance with the ACR Act. View our copyrightteam or schedule a free consultation.