All you need to know about a book publishing agreement

1. All you need to know about a
book publishing agreement

2. introduction
● For an author to present his work for the world to see, he needs the
help of a publisher.
● Like any other business transaction, the publishing of an author’s
book by a publishing house also requires a contract or an agreement
between the two of them.

3. What is a book publishing agreement?
● A book publishing agreement is a legally binding agreement between
an author of a book and a publisher which specifies all the terms of
their deal to publish the book, like the payment to be made, the
timeline to be followed, etc.
● By clarifying all demands of both parties that have been agreed-upon,
it ensures that their interests are protected and that the agreement is
complied with.

4. Why do you need a book publishing agreement?
● The agreement describes the book as well as the operations that the publisher
is going to undertake during development and publication of the book, to
eliminate any confusion later.
● It specifies the compensation that the author will receive for his work, the date
of payment, the form of payment, etc. This is important to avoid disputes later
on.
● It helps to protect the parties in case of a dispute, because it acts as a legal
document enforceable by law and presentable in court.
● It gives the rules surrounding ownership of the intellectual property that is
created by the author. This enables protection of intellectual property.

5. Essential elements of a book publishing agreement
● Details of the parties: It should specify the parties between whom it is drawn and the
business they are engages in.
● Description of the Work: It should specify the nature of the Work and describe the
book to be published.
● Grant of Rights: It mainly includes three things-
➢ The rights in terms of media i.e. on what media the publisher can publish the book.
➢ The rights related to the ‘term’ i.e. the period for which the publisher can continue to
publish your book.
➢ The rights related to territory, i.e. the area in which the published book can be
distributed by the publisher.
● Manuscript delivery: This clause specifies the exact date on which the author has to
submit the completed manuscript of the book to the publisher for review, as well as the
manner and format in which it is to be submitted.

6. ● Copyright ownership: In the publishing agreement, the author transfers this
copyright completely or partially to the publisher (depending on the needs of the
situation), so that he can legally publish the work.
● Indemnity: This clause specifies the responsibilities of each party towards the
other in the face of unexpected problems which can arise in the publication process.
It also determines what protection each party will have from the other’s negligence.
● Publication details: This clause clearly states how and when the publishing will
take place.
● Payment: The payment to the author consists of two types of compensation-
➢ Royalties refer to the amount of money that is paid to the author for every unit of
the book that is sold by the publisher.
➢ Advances refer to the money paid to the author based on how much the author
thinks the book will earn. It is paid in installments, like on contract signing, on
manuscript delivery, etc.

7. ● Advertising and Promotion: This clause specifies how the publisher will undertake the
advertising and promotion of the book to increase its sales.
● Revised editions: It is necessary to decide the terms for revision of the book, such as
how frequently it is to be done and by whom, how the sale of the revised editions will be
managed, etc.
● Non-modification: This clause states that the existing publishing agreement cannot be
modified unless this has been done officially and in writing, to ensure that no party can
try to dupe the other party for their own benefit.
● Termination: This clause specifies certain situations, if any, where either party has the
right to terminate the agreement. It also explains the procedure to be followed in such a
case as well as the notice period, if required.
● Out of Print: This clause states that if the publisher decides to cease further publication
of the book after a specified period of time, all rights regarding the book shall revert to the
author.
● Signature of both parties: In the end, both parties must sign the document and write
the date on which it was signed. This completes the document and gives it legal value.

8. Procedure involved in a book publishing agreement
Step 1- Deal between author and publisher: Here, one party accepts to enter into an
agreement with the other for the purpose of publishing a book. The author and the publisher
decide the major deal points like the amount of money the author will receive for his work,
the date on which the completed book is to be submitted, etc.
Step 2- Negotiating and Drafting the Book Publishing Agreement: The two parties
discuss a wide variety of terms of the deal and negotiate upon them to result in a final
agreement that will benefit both parties. After the agreement has been drafted by the
publishing house, it is sent to the author or his agent who reviews it. If any changes are
required, they are made.
Step 3- Executing the Book Publishing Agreement: The author and the publisher sign it.
This makes the agreement official and legally binding on both parties.

9. Do’s and Don’ts of a book publishing agreement
DO’s
● Before drafting or signing a book publishing agreement, decide what your goals or future
intentions regarding the work are. This will greatly impact what the agreement includes.
● Read the entire agreement carefully. Understanding the meaning of each term and the
implication of each clause given in the agreement.
● Ensure that the agreement is accurate and in line with the terms agreed-upon so that
both the author and the publisher share the same expectations regarding their rights and
responsibilities.
● Revise the agreement or renegotiate the terms at the review stage itself, in case either
party feels that it is not in their best interests.
● Sign two copies of the document, one for each party. Preserve the agreement so that it
can be revisited easily whenever required.

10. DON’Ts
● Never sign an agreement without reviewing it carefully and in detail.
Don’t just rely on the trust you might have in the other party.
● Never assume that any term is agreed to unless it is explicitly stated in
the agreement. No aspect of the publishing process should be assumed
to exist, and therefore each term should be expressly specified in the
agreement.

11. Conclusion
● A Book Publishing Agreement with a publisher is a very important part
of an author’s journey towards putting out his or her work for the world
to see.
● It is crucial that the author, too, understands its importance and the
various aspects of the publication process it should address.
● A good book publishing agreement is useful for both the author and
the publisher.