A publishing agreement is a legal contract between a publishing company and an author or creator. Publishing agreements outline the terms in which the publishing company will have the rights to sell, publish and distribute the author/ creator’s works.
It is important to review a publishing agreement prior to taking the plunge. Below is a list of the key pointers to consider when reviewing a publishing agreement:
1. Rights: first and foremost, it is important that you have an understanding of the kind of rights that the publisher is acquiring under the agreement – these rights can include but are not limited to prints, audio, translation and digital audio.
2. Royalties and Advances: specific attention should be paid to any clauses referring to the payment of royalties and advances and how these are calculated. Consider whether the agreement includes an advance payment and if it is reasonable based on the expected sales of your work.
3. Publication Schedule: publishing agreements will have timelines in place which stipulate when the publications will be made. It is important to review these and ensure that they align with your expectations and goals.
4. Marketing and Promotion: publishing agreements vary significantly in respect of the publisher’s plans for marketing and promoting your works. It is therefore certainly worth considering the plans pertaining promoting your work. The more promotion and marketing, the better.
8. Termination Clause: as with every agreement, particular attention should be paid to the termination clause to affirm how each party can terminate the agreement. Review this clause with detail and ensure that you are happy with the termination process.
9. Indemnification and Liability: Understand the extent of your liability as the author and any indemnification clauses that may hold you responsible for legal claims related to your work.
Publishing agreements can be essential for the artist/ creators career growth. It is therefore important that all parties have a clear understanding of their obligations and rights prior to signing a publishing agreement. In some instances, these agreements can be negotiated to suit your needs. We would therefore strongly recommend that you speak to a legal expert and obtain some advise before taking the plunge.
If you have any questions relating to a publishing agreements, contact Lawdit Solicitors today!
