This Publishing Agreement (“Agreement”) is made and entered into on [Date], by and between:
*Author: [Full Name]
Address: [Author’s Address]
Email: [Email Address]*
and
*Publisher: [Company Name]
Address: [Publisher’s Address]
Email: [Email Address]*
Together referred to as the “Parties.”
The Author agrees to deliver to the Publisher the following original work (the “Work”):
Title: [Working Title]
Genre: [e.g., Fiction, Non-Fiction, Poetry]
Estimated Word Count: [X words]
Format(s): ☐ Print ☐ Digital ☐ Audiobook ☐ Other: __________
The Author hereby grants the Publisher the following rights to the Work:
☐ Exclusive / ☐ Non-exclusive
☐ Worldwide / ☐ Territory-limited: [Specify countries]
Rights granted include:
Reproduction and distribution
Sale and licensing in all agreed formats
Translation and adaptation rights (if checked): ☐ Yes ☐ No
Marketing and promotional use of the Author’s name and likeness
The Author agrees to deliver the complete, edited manuscript by [Delivery Date].
☐ Publisher may request revisions
☐ Editor will be assigned by Publisher
Copyright shall remain with the Author.
☐ The Publisher will be listed as licensee.
☐ Publisher will register copyright on Author’s behalf.
The Author shall receive:
Royalty: [X]% of net sales / gross sales / fixed fee
Advance Payment: $[Amount] ☐ Recoupable from royalties
Royalty Reporting: [e.g., Quarterly / Biannually]
Payment Method: [e.g., Bank Transfer / PayPal]
The Publisher shall have the right (but not the obligation) to:
Promote the Work using digital and print media
Organize events, interviews, and campaigns
Collaborate with third parties for distribution
The Author agrees to participate in reasonable promotional activities upon request.
The Author warrants that:
The Work is original and does not infringe any rights
It has not been previously published or licensed
It contains no unlawful, defamatory, or plagiarized content
Either Party may terminate this Agreement with [X] days’ written notice if the other Party breaches any material provision and fails to cure such breach within [X] days.
If the Work goes out of print or is no longer offered for sale for a period exceeding [X] months, all rights shall revert to the Author upon written request.
This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
This document represents the full agreement between the Parties regarding the publishing of the Work and supersedes any prior agreements or discussions.
IN WITNESS WHEREOF, the Parties have executed this Publishing Agreement as of the date first written above.
Author Signature
Name:
Date:
Publisher Signature
Name:
Title:
Date:
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Frequently asked
A publishing agreement is a legally binding contract between an author (or other content creator) and a publisher that defines the terms under which the author’s work will be published and distributed. It typically covers key elements such as rights granted, royalty rates, payment schedules, distribution territories, formats, deadlines, and responsibilities of both parties.
You need a publishing agreement to clearly define the business relationship between author and publisher, protect intellectual property rights, and ensure fair and transparent royalty arrangements. It helps prevent disputes by specifying exactly how the work may be used, marketed, and monetized, and it serves as legal evidence of each party’s rights and obligations.
Use a publishing agreement whenever an author’s work — whether a book, article, digital content, or other creative work — is being published or licensed to a publisher for commercial or non-commercial distribution. This applies to traditional publishing, self-publishing arrangements with third-party services, and certain content licensing deals.
Clearly outline the publishing rights being granted (exclusive or non-exclusive), the royalty and payment structure, the length of the agreement, formats and territories covered, intellectual property ownership, editorial control, marketing obligations, delivery timelines, and termination clauses. Both parties should review the agreement carefully and sign it to make it legally enforceable.
If it transfers copyright or grants an exclusive license, yes. Under the U.S. Copyright Act (17 U.S.C. §204(a)), a transfer of copyright ownership, which includes an exclusive license, is not valid without a written document signed by the author or the author's authorized agent. A non-exclusive license can be oral, but a signed agreement is the only practical way to prove which rights were granted.
List each format and territory separately (print, ebook, audiobook, translation, film or other derivative rights), and say whether each grant is exclusive. Avoid catch-alls such as "all formats" or "future media", which can hand over audiobook or translation rights nobody discussed. Set the royalty rate per format, say whether it is calculated on list price or net receipts, and require written notice before the publisher sublicenses any right.
It returns the licensed rights to the author when the publisher stops using them, typically when the book goes out of print or sales fall below a set threshold over a set period. Define what counts as out of print (for ebooks and print-on-demand, a sales or income threshold works better than availability), how the author asks for the rights back, and how long the publisher has to respond. Without this clause, rights can stay with a publisher that no longer sells the book.
Usually yes, with the people you hire rather than with a publisher. Editors, illustrators, cover designers, ghostwriters, and distributors all touch your rights or your money, so a written agreement should say who owns the work they produce, what you pay, and what they may do with it. With co-authors or contributors, agree in writing who owns what and how royalties are split.
Yes. Royalty rates, the advance, the rights granted, territories, delivery dates, option clauses, and termination and reversion terms are all commonly negotiated, with large houses, small presses, and hybrid publishers alike. For a high-value deal, have a lawyer or a literary agent review the contract before you sign.
Generate a professional, customized publishing agreement in minutes with our AI-powered contract builder — designed to protect your rights and ensure a fair deal.
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