Best Resources For Understanding Publishing Contracts

Gary Smailes | 29 December 2025

Essential Primers and Reference Books

Want fewer surprises in a book deal. Start with a small stack of plain‑English guides. Read with a pen. Flag the money lines. Translate lawyer talk into author choices.

Kirsch’s Guide to the Book Contract, Jonathan Kirsch

A clean walk through grant of rights, options, warranties, indemnities, out‑of‑print, and reversion. Kirsch shows how language grows teeth.

• Grant of rights
  • Red flag: “throughout the universe, in all languages, in all media now known or hereafter devised.”
  • Safer shape: “English language, print and ebook, North America. Publisher holds no audio, no film, no translation.”
• Option clause
  • Red flag: “next work, any genre.”
  • Safer shape: “next work in the same series or subject, 30 days to consider, 30 days to decide.”
• Warranties and indemnities
  • Keep warranties truthful and narrow. Indemnity should cap exposure and exclude publisher edits.
• Out‑of‑print and reversion
  • Red flag: availability on a server counts as “in print.”
  • Safer trigger: “fewer than 200 copies sold in 12 months across all formats, or earnings under X dollars.”

Use Kirsch for clause anatomy. You learn how a sentence moves money and control.

The Writer’s Legal Guide, Tad Crawford and Kay Murray

A desk reference from Authors Guild pros. Contracts, copyright, royalties, permissions, collaboration, work‑for‑hire, moral rights. Clear examples, checklists, and definitions.

• Royalties
  • Learn list price vs net receipts. Learn how discount bands affect pay.
• Permissions
  • When quotes need clearance. When fair use applies.
• Collaboration
  • Credit order, decision rules, expense splits, tie‑breaks.

Pull this book when a clause raises a question. Fast answers, plus context for the next ask.

Self‑Publisher’s Legal Handbook, Helen Sedwick

Indie roads need guardrails. Sedwick covers business setup, distribution agreements, aggregator terms, print‑on‑demand, work‑for‑hire, and brand protection.

• Hiring help
  • Cover design and editing need written agreements. Aim for a work‑made‑for‑hire only where lawful, or get an assignment of copyright on delivery and payment.
• Distribution
  • Watch for exclusive terms with hard exit fees. Keep audio separate unless terms please you.
• Data and privacy
  • Email lists and giveaways require compliance. Sedwick spells out basics.

Keep this nearby if you publish under your own imprint.

The Fine Print of Self‑Publishing, Mark Levine

Levine reads service contracts so you do not have to learn the hard way. The book rates providers and highlights rights grabs, fees, and royalty traps common in hybrid or service deals.

• Red flags
  • “Marketing package” with no deliverables defined.
  • “Set‑up fee recouped from royalties.”
  • “Exclusive distribution” with long notice periods.
  • Rights to “derivative works” claimed by the service.

Cross‑check any offer from a press that charges authors. If a promise feels glossy, look for the clause that pays for the gloss.

The Copyright Handbook, Stephen Fishman, Nolo

Copyright drives every other clause. Ownership, term, registration, fair use, termination rights. Fishman lays out steps and thresholds.

• Registration
  • Timely filing preserves statutory damages and fees for infringement cases.
• Fair use
  • Weigh purpose, amount, nature, and market harm. Quotes from poetry and song lyrics need special care.
• Term
  • Know life‑plus‑years rules in key markets. Know public domain timelines.

Read this before a contract. You enter talks with a map.

Business and Legal Forms for Authors, Tad Crawford

Templates for real work. Collaboration agreements. Permissions. Freelance and ghostwriting forms. Each form includes clause notes and negotiation tips.

• Collaboration form
  • Defines schedule, division of labor, decision power, kill fee, and reversion if one partner leaves.
• Permissions form
  • Names the excerpt, scope, territory, languages, formats, and price.
• Freelance form
  • Clarifies who owns what, when payment lands, and approval steps.

Use forms as a starting point, then have a lawyer bless final language for a high‑stakes deal.

How to read these books without drowning

• One clause per night
  • Pick grant of rights on Monday, option on Tuesday, warranties Wednesday, indemnities Thursday, out‑of‑print Friday. Weekend off.
• Mark verbs and numbers
  • “Assign, license, retain, pay, escalate.” “10 percent, 25 percent, 90 days.” Verbs show control. Numbers show money.
• Translate to your book
  • Write a one‑sentence version in your own words. If meaning slips in translation, the clause holds a trick.

Build a two‑page contract cheat sheet

Keep this on your desk and in your inbox. Reach for it before a call. Share a clean version with your agent or attorney.

• Page one: red‑flag clauses
  • Over‑broad grant of rights
    • Red flag: all media, all languages, worldwide, forever.
    • Preferred: named formats, named territories, time‑limited where possible.
  • Non‑compete
    • Red flag: blocks any book in any category during the term.
    • Preferred: limits to direct competitors for the contracted work, narrow window tied to publication.
  • Option clause
    • Red flag: next work of any kind.
    • Preferred: next work in series or subject only, short consideration and decision periods.
  • Out‑of‑print
    • Red flag: “available” online counts as in print.
    • Preferred: objective sales or earnings thresholds, clear audit path.
  • Reversion of rights
    • Red flag: publisher controls reversion without clear triggers.
    • Preferred: author‑initiated on objective triggers with fixed timelines.
• Page two: money and mechanics
  • Royalty base and rates by format, list vs net, discount bands.
  • Escalators by units sold, not publisher’s “net profit.”
  • Reserve against returns, cap and release schedule.
  • Delivery and acceptance, objective standards, cure periods.
  • Audit rights, frequency, look‑back period, who pays.

Add a short glossary at the bottom. Assign, license, exclusive, nonexclusive, net receipts, reserved rights.

Quick exercise

• Pull one contract or a sample online.
• Open Kirsch and The Writer’s Legal Guide to the matching topics.
• For three clauses, write:
  • Purpose in one sentence.
  • Risk in one sentence.
  • Your revision in one sentence.
• Stop at one page of notes. Sleep on it. Re‑read in the morning, out loud.

A last nudge from an old hand. Books listed here help you ask better questions. Attention to clauses beats bravado every time. Read, mark, and prepare. Then step into the deal with clear eyes and a steady pen.

Organizations and Professional Advisors

Books give context. A pro gives strategy. When a deal hits your inbox, you want names and numbers ready. Here is where to turn, what to ask, and how to make support work on your timeline.

Authors Guild, United States

Member services include contract review, negotiation pointers, model clauses, and Fair Contract Initiative reports. Staff attorneys read publishing agreements all day, so patterns jump out fast.

How to use the Guild:

• Email the full agreement and any side letters.
• Ask for a written memo that explains grant of rights, royalty base, escalators, reserve against returns, out‑of‑print, and reversion triggers.
• Request model language for non‑compete, option, and audit rights.
• Bring the memo to your agent or lawyer and line‑edit the pages together.

Sample ask:

• “Please flag over‑broad rights, non‑compete, and out‑of‑print language. Share a safer alternative for each.”

Society of Authors, United Kingdom

SoA vets deals against Minimum Terms and current trade practice. Staff give plain answers on UK‑specific points, from net receipts royalty bases to library lending to PLR registration.

How to use SoA:

• Send the offer letter first for a quick read on headline terms.
• Follow with the long form for a full clause‑by‑clause review.
• Ask whether the offer meets Minimum Terms or falls short, and where to push.

Key prompts:

• “Does the option restrict unrelated works.”
• “Is reversion linked to objective sales or earnings, not mere availability.”
• “What wording secures UK‑only rights if that serves this book.”

ALLi, Alliance of Independent Authors

ALLi’s Watchdog reports rate services and flag rights grabs in distribution, print, and audiobook deals. Guidance focuses on self‑publishing, which means strong attention to fees, term length, and exit routes.

How to use ALLi:

• Check ratings before signing with a service provider.
• Read model checklists for distribution and production agreements.
• Ask the Watchdog desk about any clause that feels off, then compare wording with safer samples.

Smart filters:

• Exclusive vs nonexclusive.
• Term and termination.
• File ownership and access to metadata.

SFWA Writer Beware

Writer Beware tracks predatory players and clause patterns across genres. Posts explain how shady offers dress up, and where the trap sits in the contract.

How to use Writer Beware:

• Search publisher or agency names before serious talks.
• Read primers on standard terms. Learn the language of “work for hire,” “claims,” “indemnity,” and “moral rights.”
• If a red flag appears, collect screenshots and seek a second opinion from a lawyer or guild.

Signals to watch:

• Reading fees.
• Royalty paid only after a vendor pays the press, with no audit right.
• Claims on derivative works unrelated to the book.

SCBWI, Children’s and YA

SCBWI offers webinars and guides tuned to kidlit. Picture book deals, illustrator agreements, work‑for‑hire, and school visit policies all show up here.

How to use SCBWI:

• Watch a contract basics webinar, then re‑read your clause on approvals and art changes.
• Ask about rights splits for text‑and‑art projects.
• For school visits, pull a sample appearance agreement and adapt to your rates and cancellation policy.

Kidlit hot spots:

• Approval over cover and interior art.
• Character merchandising rights.
• Work‑for‑hire terms for educational publishers.

Publishing attorneys

An IP or media lawyer gives deal‑specific advice. Expect a close read of warranties, indemnity, grant of rights, and royalty math. A lawyer also drafts riders and negotiates with house counsel.

How to hire:

• Seek referrals from authors, agents, or guilds.
• Ask about hourly rates, flat‑fee reviews, and timelines.
• Share your goals in writing, with a short list of must‑haves.

Questions to send with the contract:

• “Where does liability sit, and how do we cap exposure.”
• “Does the grant of rights match the advance.”
• “What revision gives a clear reversion path.”
• “How do we lock objective delivery and acceptance standards.”

Volunteer Lawyers for the Arts

• Regional VLA groups offer low‑cost clinics for creators.
• Bring the full agreement, correspondence, and a one‑page summary of goals.
• Ask for a written summary of issues and proposed language.

Literary agents

A good agent negotiates daily. That repetition brings leverage and current intel on each publisher’s boilerplate and flex points. Agents push on grant of rights, money terms, option scope, and subsidiary splits for audio, translation, and film or TV.

How to work with an agent on contracts:

• Share your priorities early, in writing.
• Ask for a deal memo before long‑form drafting begins.
• Request a rider with the top five asks, then anchor talks around that rider.

Subsidiary rights checklist:

• Audio. Who controls, and at what split.
• Translation. Retained or licensed, and reversion timing.
• Film and TV. Approval rights over shopping agreements.
• Merchandising. Narrow scope to direct tie‑ins.

Evaluation prompts before signing with an agent:

• Track record in your category.
• Recent deals posted to Publishers Marketplace or public deal reports.
• Communication style and response time.
• Approach to long‑tail rights management.

Quick scenarios to practice

• A small press offers world rights for a modest advance. Before answering, email Authors Guild or SoA for a memo on territory carve‑outs. Ask your agent to propose North America only, with a translation split back to you.
• A hybrid press pushes an exclusive distribution agreement with long termination notice. Check ALLi’s rating and sample wording. Ask a lawyer to add a short term, a clear exit, and confirmation of your file ownership.
• A picture book offer gives publisher sole approval over art. Pull SCBWI resources and request mutual approval on illustrator selection and cover.

Actionable next step

Before signing anything, route the offer to an agent or a publishing attorney. Ask for a written memo on:

• Grant of rights, with a recommended scope by format and territory.
• Royalty base by format, and any escalator triggers.
• Reserve against returns, with a cap and release schedule.
• Out‑of‑print and reversion, with objective sales or earnings thresholds.

Then schedule a 20‑minute call. Open the memo and the contract side by side. For each clause, mark purpose, risk, and your proposed revision. Send the marked draft to the other party with calm, clear asks. Professionals respect precision. You get better terms, and you keep future options open.

Trusted Online Guides and Newsletters

Online sources keep you current between deals. A small set of trusted voices saves time. Fewer tabs. Better decisions.

Jane Friedman

Jane Friedman writes plain explainers on advances versus royalties, non‑compete clauses, and rights reversion. Posts break terms into parts you can apply to a live offer.

How to use this resource:

• Search by term. Example queries: “Jane Friedman non‑compete,” “rights reversion Jane Friedman,” “advance versus royalties Jane Friedman.”
• Print one post. Highlight definitions, risks, and safe alternatives.
• Write a two‑sentence summary for each clause in your offer. Keep those summaries in a working document.

Quick drill:

• Pick your non‑compete clause. Compare language with Friedman’s guidance. Mark one phrase for removal, one for narrowing, and one for clarity.

The Hot Sheet, with Porter Anderson

The Hot Sheet is a paid newsletter focused on trends that hit contracts. Recent cycles cover AI training language, library lending models, and subscription terms. You get context plus examples from the field.

How to use this resource:

• Scan the issue archive for rights, AI, or audio. Read three recent entries in one sitting.
• Pull one development into your next negotiation. Example: ask for a restriction on machine learning training, tied to formats and territory.
• Save each issue in a folder with a one‑line takeaway. Build a personal index by topic.

Signal to watch:

• Any new rights grab packaged as “standard.” Flag, then verify with a lawyer or your agent.

Reedsy Learning and Blog

Reedsy publishes practical posts on standard clauses, option terms, reversion triggers, and negotiation tips. Short, digestible, and focused on author action.

How to use this resource:

• Start with guides on option and reversion. Copy sample wording into your notes, then adapt for your project.
• Read a negotiation post, then script three asks you will open with on your next call.
• Use site search with tight terms. Example: “reversion Reedsy,” “option clause Reedsy.”

Checklist to pull from Reedsy:

• Narrow grant of rights by format and territory.
• Make out‑of‑print objective, based on sales or earnings.
• Cap reserves, with a clear release schedule.

Writer Beware Blog, Victoria Strauss

Writer Beware tracks predatory clauses and publishers. Posts teach pattern recognition. Reading fees. Work‑for‑hire where authorship should not be work‑for‑hire. Indemnity with no cap. Rights to future, unrelated works.

How to use this resource:

• Before you sign with a press or service, search the name on Writer Beware.
• Read two case posts on clauses similar to yours, then list red flags by clause.
• If a worry pops up, document emails and offers, then seek a second opinion from a guild, agent, or lawyer.

Questions to ask yourself:

• Does the agreement require fees before publication.
• Does the publisher claim rights to formats no one plans to exploit.
• Does the contract block you from writing in your own genre for years.

Nolo, plus US and UK copyright offices

Nolo and official copyright circulars provide the baseline. Ownership, duration, fair use, registration, termination of transfer, and work‑for‑hire. Contracts sit on top of that law, so a quick legal primer helps every other decision.

How to use these resources:

• Read the circular on work‑for‑hire, then check any clause that says “work made for hire.”
• Read about termination rights. Note the timing and process. File those notes for future use.
• Use Nolo entries for definitions. Write a one‑line definition for each legal term in your offer.

Anchor concepts:

• Who owns copyright before signing.
• What rights transfer, and for how long.
• When a transfer can end, even after signature.

Kristine Kathryn Rusch, Business Musings

Rusch writes from an author’s chair. Posts focus on long‑tail rights management, dealbreakers, and the business mindset behind healthy contracts. Strong opinions, strong examples.

How to use this resource:

• Read three posts on rights reversion and long‑term income. Note one move to protect future you.
• Create a “never” list. Example entries: never grant world rights without a plan, never agree to a perpetual option, never sign away audit rights.
• Keep one Rusch quote in your notes as a guardrail during negotiations.

Mindset shift to borrow:

• Think in decades, not launch week. Every clause should protect future income streams.

A mini workflow for busy weeks

Five steps, thirty minutes total.

1. Pick one source above. Read one focused piece, no multitasking.
2. Write three bullets. Definition, risk, safer alternative.
3. Open your draft contract. Mark a single clause linked to those bullets.
4. Draft replacement wording. Keep sentences short and measurable.
5. Save everything in a single “Contracts” folder, tagged by topic.

Your quarterly contract update hour

Schedule one hour every quarter. Treat the appointment like a deadline. During that hour:

• Scan The Hot Sheet archive for rights trends.
• Read one new Jane Friedman post on contracts.
• Check Writer Beware for fresh warnings.
• Review Nolo or a copyright circular on a topic you have not studied this year.
• Read one Rusch post to refresh long‑term thinking.

Build a saved reading list:

• Create a folder in your browser called “Contracts.”
• Add five links, one per source above.
• Add one subfolder called “Boilerplate watch.”

In that watch folder, keep a running note for clauses to monitor:

• AI and machine learning training. Ask for a clear prohibition or a narrow license, tied to listed formats and territory.
• Morality and non‑disparagement. Seek clear triggers, plain process, and a cure period.
• Non‑compete. Limit to narrow categories, short terms, and direct competitors.
• Option clauses. Limit to the next work in the same series or category, with a short response window.
• Reversion triggers. Shift from availability to objective sales or earnings.

Finish the hour with one action. Send a question to your agent. Book a short call with a lawyer. Or draft one rider clause you plan to propose on your next deal. Small steps, steady gains.

Courses, Webinars, and Podcasts

Reading clauses helps. Hearing a pro walk through a contract locks the logic in place. Live or recorded sessions turn jargon into steps. Ears perk up. Notes grow sharper. Confidence follows.

Authors Guild webinars and clinics

Members get clause‑by‑clause walk‑throughs with Q&A on advances, royalties, and subsidiary rights. Speakers explain how a publisher’s boilerplate works, where leverage lives, and which lines should trigger a pause. Strong medicine for vague promises.

How to use:

• Bring a draft offer. Follow along as each clause type comes up.
• Write one question for the chat. Example prompts: “What triggers reversion in your model,” “How do you cap reserves,” “What audit right language wins with Big 5.”
• After the session, mark three clauses in your draft. One to accept, one to revise, one to escalate.

Mini‑exercise:

• Open the royalty section. Underline the base used for calculation. List price or net receipts. Circle any discount bands. Write one sentence that states your worst‑case effective rate.

Society of Authors events and guides

UK writers, this is home base. Sessions cover standard trade terms, agency agreements, and reversion strategies for British deals. Staff review real clauses and show minimum terms the Society expects publishers to meet.

How to use:

• Attend one live event on reversion or options. Bring a short list of clauses from your current offer.
• Ask for minimum terms on non‑compete, option scope, and out‑of‑print.
• Download any handout. Copy preferred wording into a rider draft, labeled UK.

Quick check for UK deals:

• Define net receipts in plain numbers.
• Fix reversion on objective thresholds, sales or earnings.
• Limit option to next work in the same series or category, with a short response window.

ALLi Self‑Publishing Advice Conference

ALLi focuses on indie business. Sessions unpack distribution contracts, audiobook rights, and platform terms of service. Presenters flag traps in service agreements and show better paths for rights retention.

How to use:

• Watch one session on distribution terms. Pause on exclusivity and termination.
• Build a short checklist for platforms. Items to track: exclusivity, price‑matching, fee structure, print and audio split, change‑of‑terms notice, audit rights, dispute process.
• Compare two aggregators on that list. Pick the stronger fit for your goals.

Field test:

• Take your audiobook agreement. Find the grant of rights. Narrow territory, language, format. Add a reversion trigger tied to minimum annual earnings.

Jane Friedman online classes

Clear, practical, and grounded. Publishing 101 gives a map. Targeted classes go straight to book deals and author rights. No fluff. You finish with questions answered and a to‑do list.

How to use:

• Before class, write two deal terms that cause worry. Example: reserve against returns, or audio split.
• During class, grab definitions and numbers. Translate each into a sentence in your own words.
• After class, draft a one‑page brief on your offer. Purpose of each clause. Risk. Preferred alternative.

Small script for your next call:

• Start with thanks.
• Name the clause and the goal. “I want audit rights within a reasonable window.”
• Propose wording. One sentence. Measurable terms.
• Ask for written confirmation.

Podcasts to keep your ear trained

Podcasts build pattern recognition. You hear how agents, authors, and lawyers frame deals in real time. Pause and rewind during a commute or a walk, then jot a line in your notes.

• The Creative Penn. Episodes on rights and contracts cover audio splits, translation deals, and licensing strategy. Listen for contract pitfalls repeated by multiple guests.
• Print Run. Agent lens on how deals move. Expect talk on option language, submission strategy, and what an editor will fight for.
• SFWA channels. Contracts 101 and related sessions help with warranty, indemnity, and work‑for‑hire basics, plus a warning system for predatory terms.
• Writing Excuses. Short episodes mix writing life with business sense. Pay attention to negotiation mindset and boundary setting.

Listening drill:

• Pick one episode that touches non‑compete or reversion.
• When a guest names a red flag, pause. Write the clause name, the risk in one line, a safer alternative in one line.
• Add those two lines to your rider file.

A study method that pays off

One recorded webinar. One contract. One hour.

Step‑by‑step:

1. Open a recorded session from Authors Guild, Society of Authors, ALLi, or Jane Friedman.
2. Open your draft contract beside the video.
3. For each clause mentioned, pause. In a margin note, write three bullets. Purpose. Risk. Your proposed revision.
4. Where numbers appear, run quick math. Example for ebooks: 25 percent of net. If retailer keeps 30 percent of list, and publisher pays on net, write the effective rate against list.
5. Draft replacement wording for one clause. Plain language. Short sentences.
6. Save notes in a folder named Contracts, with subfolders by topic, such as royalties, rights, reversion, warranties.

Template for your notes:

• Clause: Non‑compete
• Purpose: Prevent direct conflict with publisher’s edition during launch
• Risk: Blocks new work in my genre for two years, worldwide
• Ask: Limit scope to the contracted series, twelve months from pub date, English language, print and ebook only

Keep learning on a schedule

Training works best on a calendar. Set a monthly slot for one live webinar or one podcast binge.

A simple rotation:

• Month 1. Authors Guild webinar. Topic: advances and reserves.
• Month 2. ALLi session. Topic: audiobook and platform terms.
• Month 3. Jane Friedman class. Topic: evaluating a book deal.
• Month 4. Society of Authors event. Topic: UK reversion and minimum terms.
• Ongoing. One podcast episode per week from the list above.

Finish each session with one action. Email your agent with a question. Mark a clause to raise on your next call. Add one model sentence to your rider. Small steps, steady gains.

Templates, Sample Clauses, and Negotiation Tools

Templates save time and stop guesswork. A few proven clauses, a clean tracker, and simple math turn a messy offer into a plan. Use models to frame your asks. Use numbers to back them up.

Sample clauses to borrow and adapt

Start with reversion, non‑compete, and option. Add audit rights and reserves. Keep sentences short. Keep triggers objective.

Reversion of rights, objective triggers:

• Rights revert to Author when, during any consecutive twelve‑month period, combined sales of all editions fall below 200 copies, or Publisher’s net receipts paid to Author fall below 250 dollars.
• Upon written notice from Author, Publisher confirms reversion within 30 days and ceases exploitation within 60 days.
• Licenses in force continue only through the current license term, with all payments flowing to Author.

Non‑compete, narrow scope and short window:

• For twelve months following first publication of the Work, Author will not publish a work using the same series or same primary characters, unless Publisher gives prior written consent.
• No restriction on unrelated works, new genres, or formats outside print and ebook.
• Geographic scope limited to territories licensed under this Agreement.

Option, one book, defined materials, hard deadline:

• Publisher holds a limited option on the next work in the same series only.
• Author submits a proposal, outline and three sample chapters within 30 days after delivery of the Work.
• Publisher has 30 days to make a written offer for World English first publication rights. No offer within the window, option expires.

Audit rights, clear thresholds:

• Author holds the right to audit Publisher’s royalty records once per calendar year, on 30 days’ written notice.
• Underpayment above 5 percent triggers reimbursement of reasonable audit costs and interest at the statutory rate.

Reserves against returns, capped and scheduled:

• Reserves against returns will not exceed 20 percent of accrued print royalties.
• Publisher releases no less than half of any reserve each subsequent royalty period, unless returns data supports a smaller release with documentation.

Warranties and indemnities, knowledge standard and cap:

• Author warrants originality and absence of infringement to the best of Author’s knowledge.
• Author’s indemnity liability is capped at amounts received by Author under this Agreement.
• Publisher indemnifies Author for claims arising from cover design, interior design, or marketing copy supplied by Publisher.

Tip for wording:

• Use numbers, not adjectives.
• Tie every trigger to sales, earnings, or dates.
• Keep territories, languages, and formats separate.

Mini‑exercise:

• Paste your current reversion clause into a new document.
• Highlight every subjective phrase, such as “available” or “active exploitation.”
• Replace each with a number, a date, or a sales threshold.

Organization models and checklists

Member portals from Authors Guild, Society of Authors, and SFWA offer model clauses, checklists, and minimum terms. Log in, search contracts resources, and grab language for reversion, options, non‑compete, and audit rights. Copy into your rider draft. Mark any jurisdiction limits, US or UK, so advice lines up with your deal.

Working method:

• Keep a folder named Model Clauses.
• Save each source with date and origin, for example, “Authors Guild model reversion, 2025.”
• Add a one‑line summary of purpose and risk for each clause.

Build a contract tracker

A spreadsheet turns a wall of prose into a dashboard. One book per row. One clause per column.

Core columns to include:

• Grant of rights
• Territory
• Language
• Formats
• Royalty base, list or net
• Royalty rates by format
• Discount bands
• Escalators and thresholds
• Reserve against returns
• Delivery and acceptance
• Option scope and deadline
• Out‑of‑print trigger
• Reversion triggers
• Audit rights
• Warranties and indemnities cap
• Termination and cure periods

How to use the tracker:

• Fill every cell before a call.
• Color red for risk, green for win, yellow for open.
• Add a Notes column with one ask per clause.

Mini‑exercise:

• Open your last deal memo.
• Enter all known numbers into the tracker.
• List three blanks you need from the publisher.

Royalty math toolkit

Do the math before asking for anything. Numbers give leverage.

Print, list‑based example:

• Hardcover list price, 28 dollars.
• Royalty rate 10 percent of list on first 5,000 copies.
• Author receives 2.80 per copy on those units.

Ebook, net‑based example:

• List price 9.99 dollars.
• Retailer keeps 30 percent. Publisher receives 70 percent of list, or 6.993.
• Ebook royalty 25 percent of net receipts.
• Author receives 1.74825 per copy, which equals 17.5 percent of list.

Audio example, net split:

• Net receipts split 40 percent to Author via publisher.
• Distributor fee 60 percent of list.
• Effective against list equals 0.4 times 0.4, which yields 16 percent.

Discount band check:

• If a discount band drops print royalties to a percentage of net, run the same steps.
• Record the worst case in your tracker.
• Ask for either a floor on effective royalties or removal of the deepest band.

Build one sheet with formulas you reuse. Change only list price, base, rate, and fees.

Keep a clause swipe file

A private swipe file speeds each negotiation. Save wording that worked, tagged by publisher, imprint, and format.

What to include:

• Final clause text from your signed deals.
• Publisher counterproposals you accepted, with reasons.
• Notes on tone and timing, for example, “asked for audit after we settled royalties, success.”
• Outcomes, for example, “option limited to series only, 30‑day window.”

Mini‑exercise:

• After each deal, paste all revised clauses into one document.
• Add two bullets per clause, win and trade‑off.
• File by topic and publisher.

Draft a one‑page rider before talks

A rider gives structure, confidence, and a written record. Keep it to five top asks. Lead with rights and money.

Template outline:

• Header with your name, book title, date, publisher contact.
• Intro line, “The following terms reflect Author’s required adjustments.”
• Numbered points with preferred language.
• Signature lines.

Five starter asks with model language:

1. Narrow grant of rights

   Grant limited to print and ebook, World English, first publication rights. Audio, translation, and film remain with Author.

2. Time‑limited option

   Option limited to next work in the same series only. Proposal submission within 30 days after delivery. Publisher response within 30 days. No offer, option expires.

3. Objective reversion

   Rights revert when twelve‑month sales fall below 200 copies across all editions, or Publisher’s net receipts to Author fall below 250 dollars. Confirmation within 30 days of notice, cessation of exploitation within 60 days.

4. Caps on reserves

   Reserves against returns not to exceed 20 percent of accrued print royalties. No less than half released each subsequent royalty period, supported by returns data.

5. Audit rights

   Author holds the right to audit once per year on 30 days’ written notice. Underpayment above 5 percent triggers reimbursement of audit costs and interest.

How to deploy:

• Send the rider with your first response to the offer.
• Ask the publisher to mark up the rider, not the main agreement.
• Move through points in order, from rights to money to operations.

One final drill:

• Pick one clause from your current contract.
• Rewrite using one or more models above.
• Read aloud. Short sentences help during a call.

Frequently Asked Questions

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