How To Negotiate A Fair Publishing Deal

Gary Smailes | 19 December 2025

Define Your Goals and Leverage

Before you touch a boilerplate, decide what success looks like. Numbers first. Dates. Control. Without that, every conversation drifts. With it, you negotiate on purpose.

Clarify success metrics

Give yourself targets and floors. Write them down.

• Advance: Target $50,000. Floor $25,000. Willing to trade some rights for higher cash, or trade cash for stronger rights.
• Royalty rates: Hardcover 12.5 percent with escalators to 15 percent after 10,000 copies. Trade paperback 10 percent. Ebook 25 percent of net receipts, push for escalators after set unit thresholds. Audio 40 percent of net if house produces, or retain audio.
• Marketing support: ARCs count, paid ads, publicist hours, influencer mailings, tour support, newsletter placement from the house. Pick two hard commitments, add one stretch ask.
• Publication timeline: Release within 12 to 18 months after acceptance. Include a reversion or out clause if no publication by a set date.
• Creative control: Consultation on title and cover, accuracy review on jacket copy and metadata, final say on acknowledgments and author bio.

Mini‑exercise:

• Fill in three lines: "Success for me looks like: 1) $____ advance, 2) publication by ______, 3) cover consultation in writing."
• Add one line you will trade: "I will trade ______ for ______."

Map your leverage

Leverage is proof. Gather receipts before calls start.

• Platform: Newsletter subscribers, open rate, social followers with engagement, podcast or YouTube downloads, speaking audiences. A small, responsive list beats a large silent one.
• Prior sales: Hard numbers for earlier titles, BookScan or internal figures if available. Preorder tallies for recent releases help too.
• Comps: Three books in the same lane, with sales ranges from public sources, trade reports, or agent intel. Add one line that separates your book from each comp.
• Endorsements: Names who will blurb, with personal connections noted. Festivals, conferences, and libraries where you already have a foot in the door.
• Press: Outlets open to coverage, podcasts lining up an interview, essay ideas tied to publication week.

Mini‑exercise:

• Build a one‑page "Leverage Sheet." Top half: numbers. Bottom half: names and outlets. Bring this to every call.

Quick example:

• Debut upmarket novel. Newsletter 8,200, 47 percent open rate. Two essays placed with Lit Hub and Electric Literature. Comps: The Paper Palace, We Are Not Like Them, Writers & Lovers. Endorsers likely: X, Y, Z. Agent has early interest from two Big Five editors and a strong indie.

Create a negotiation brief

You need a playbook. No surprises once emails start flying.

• Wishlist: everything you hope to win. Example, higher on‑signing installment, territory limited to North America, audio retained, marketing budget in writing.
• Must‑haves: the non‑negotiables. Example, title and cover consultation, publication deadline, ban on cross‑collateralization, narrow option clause.
• Walk‑away points: lines you will not cross. Example, work‑for‑hire, world rights with no performance triggers, unlimited indemnity.
• Ranked priorities: list in order, 1 through 10. Put money and rights near the top. Place cosmetics at the bottom.

Talking lines to keep handy:

• "If hardcover escalators start at 10,000 units, we need 12.5 percent base to start."
• "Audio stays with the author, unless the split reaches 80 percent to author with a production deadline."
• "North America only, with a right to revert unexploited territories within 12 months."

Build competitive interest

Interest drives better terms. You do not need drama. You need a plan.

• Avoid open‑ended exclusives. Offer a tight exclusive read, five to ten business days max. State what materials count as complete.
• Use pre‑empt offers wisely. Accept only if the check and rights beat likely auction results. Ask for a short decision window.
• Run a clean auction when multiple editors engage. Set the rules: date and time for final bids, formats included, rights on the table, installment structure, marketing commitments. Share the rules with everyone.

Sample note for a timed exclusive:

• "Happy to offer a 7‑business‑day exclusive on the full manuscript, starting upon confirmation of receipt. Materials include the manuscript, synopsis, and author bio. At the end of the period, we will proceed with others absent a written offer."

Sample auction rules, short and clear:

• "Final offers due Friday 4 p.m. ET. Please include advance, royalty grid with escalators, territory, audio/translation status, marketing commitments, payment schedule, and option language."

Prepare a BATNA

A strong alternative removes fear. Build one before you counter.

Option A, self‑publishing plan:

• Editorial: budget for a dev edit and line edit. Set names and quotes.
• Design: cover and interior, with timelines and fees.
• Distribution: ebook through major retailers, print through IngramSpark and KDP Print. Decide on preorders and metadata.
• Marketing: newsletter cadence, ad spend baseline, outreach calendar, ARC distribution via NetGalley or similar.
• Cash flow: total budget, break‑even unit count, timeline from finished manuscript to release.

Option B, small‑press path:

• A shortlist of presses with true distribution, not print brokers. Confirm sales reps, library reach, and marketing track.
• Submission windows, guidelines, and expected response times.
• Rights you will retain and those you will license.

Write one sentence you believe:

• "If Big Five terms fall below my floor, I will pursue a small‑press deal or self‑publish on this schedule."

A final nudge. Goals direct your ask. Leverage strengthens your ask. Both together produce a fair deal more often than charisma or hope. Keep the brief on your desk. Read it before every call. Then negotiate like a pro who knows where the finish line sits.

Know the Market Benchmarks

Benchmarks turn foggy terms into numbers. Numbers travel well in email. Know the range before you step into a call.

Royalty norms

Formats pay differently. Work from these ranges, then push where your leverage supports it.

• Hardcover: 10 to 15 percent of list, with escalators after set unit counts.
• Trade paperback: 7.5 to 10 percent of list.
• Mass market: 6 to 8 percent of list.
• Ebook: 25 percent of net receipts.
• Audio produced by the publisher: 25 to 40 percent of net.

Quick math, hardcover at $28 list:

• 10 percent pays $2.80 per copy.
• 12.5 percent pays $3.50.
• 15 percent pays $4.20.

Ebook example, $14.99 retail on a 70 percent retailer split:

• Publisher receives about $10.49.
• At 25 percent of net, you receive about $2.62 per unit.

Two asks that move the needle:

• Clear escalators across formats, not only hardcover. For example, hardcover jumps to 12.5 percent at 5,000 copies, 15 percent at 10,000. Trade paper rises to 10 percent at 15,000.
• If the house insists on producing audio, push toward 40 percent of net with a production deadline.

Talk track:

• “Ebook at 25 percent of net works if we add an escalator at 10,000 units.”
• “Audio at 35 to 40 percent of net reflects my platform and preorders.”

Advance structure

Advances arrive in pieces. Your goal is to shift money earlier.

Common schedules:

• Three-way split. Signing, delivery and acceptance, publication.
• Four-way split. Adds a paperback payment for hardcover-first deals.

Reasonable asks:

• Larger on-signing portion. 40 percent at signing, 30 percent at D&A, 30 percent on publication.
• If four payments, seek 30 percent at signing, then 25, 25, 20.
• Payment within 30 days of each milestone.

Example email line:

• “Let’s move to 40 percent on signing. That supports my upfront edit and marketing spend.”

Net vs. list price

List means retail price. Net means money the publisher receives after retailer discounts and similar deductions. Contracts vary. Force clarity.

Ask for a clean definition:

• “Net Receipts means amounts billed and received by Publisher from sale of the Work, less customary trade discounts and returns, with no deductions for advertising, marketing, freight, warehousing, overhead, or affiliate fees.”

Two more protections:

• No deductions for free copies beyond a small, defined allotment.
• No reduction for retailer co-op unless a specific campaign for your book, with a cap.

Mini‑exercise:

• Paste the net receipts definition from your draft into a doc. Highlight every listed deduction. Cross out anything unrelated to a sale.

Reserves against returns

Print books come back from stores. Publishers hold a slice of your earnings to cover those returns. Smart in theory, painful in practice if the reserve lingers forever.

Targets to request:

• Cap the reserve at 10 to 15 percent of amounts due.
• Automatic release on the next royalty period unless a higher reserve has been justified in writing.
• No reserve on ebooks or audio.

Sample language:

• “Reserves shall not exceed 15 percent of amounts due for print formats and will be released no later than the next statement.”

Deep discount clauses

When a publisher sells books to accounts at very high discounts, your rate often drops. Sometimes online retail gets misfiled as deep discount. Guard the floor.

Push for:

• A clear trigger, for example, discounts above 55 percent off list.
• A floor royalty that stays fair even at high discounts.

Practical floors:

• Hardcover no lower than 10 percent of list.
• Trade paper no lower than 7.5 percent of list.
• For sales priced by net, set a floor of 25 percent of net.

Add a carve-out:

• “Sales to major online retailers and wholesalers will earn standard trade rates, regardless of internal discount classification.”

Tiny case study:

• A memoir sold thousands through a big box chain. The clause paid 5 percent of list. The author lost more than $1 per unit compared to a 10 percent floor. Fixable with one sentence during negotiation.

Cross‑collateralization

This clause lets a publisher use earnings from one book or format to cover unearned advances on another. Good for the house, rough on you.

Your goal:

• Title-by-title accounting.
• No cross-collateralization across formats within a title, unless you gain something significant in return.

Sample line:

• “Royalties shall be accounted on a title-by-title basis. No cross-collateralization across titles or formats.”

Why it matters:

• Book 1 underperforms, Book 2 takes off. Without this shield, Book 2 income vanishes into Book 1’s hole.

Statements and audits

Royalties mean nothing without clean statements. Set the schedule and your right to check the math.

Baselines to secure:

• Statements twice per year. Periods end June 30 and December 31.
• Payment within 30 to 60 days after each period.
• Online portal access to statements in PDF and CSV.

Audit rights, tuned for reality:

• Right to audit once per year with reasonable notice.
• Publisher covers audit costs if underpayment exceeds 5 to 10 percent.
• Correction and payment deadline within 30 days of findings, with interest.

Email lines you can reuse:

• “Please confirm semi-annual statements and payment within 45 days of period close.”
• “Include audit rights with a 5 percent threshold for shifting audit costs to the publisher.”

Quick worksheet

Copy this and fill it in before your next call.

• Format targets: HC ___% with escalators at ______. TP ___%. Ebook 25% of net with escalator at ______. Audio ___% of net or retain.
• Advance schedule: ___% signing, ___% D&A, ___% on pub, ___% paperback (if any).
• Net receipts definition: list any deductions to strike _____________________.
• Reserve cap and sunset: ___% cap, released by next period.
• Deep discount floors: HC ___% of list minimum. TP ___% of list minimum. Online retail at standard trade rates.
• Cross-collateralization: title-by-title accounting confirmed.
• Statements and audits: semi-annual, payment within ___ days, audit threshold ___%.

Know these numbers. Quote them without blinking. Editors respect writers who speak in ranges, not vibes.

Negotiate the Core Economics

You win deals by pricing risk and reward, then moving pieces with intent. Money, rates, rights, timing. Each lever affects the others. Decide where you want upside, then bargain toward it with receipts, not vibes.

Anchor the advance

Give the editor a number with a story behind it. Use comps, platform reach, season, and simple math.

• Comps: 3 to 5 recent titles in your lane. Note list price, pub month, imprints, and BookScan sales where available.
• Platform: newsletter size, social reach, speaking gigs, bulk buyers, media hooks.
• Season: slot your book where it sells. Giftable Q4, beach read summer, back-to-school, Black History Month, Pride, etc.
• Sales view: a conservative, a base, and a stretch projection over 12 months.

Example anchor:

• “I am asking for 85k. Closest comps sold 12k to 25k in year one. List at $28 supports $3.50 to $4.20 per hardcover. I have 30k on my list, three national media ties, and two corporations willing to review for bulk.”

Offer structured choices, which push the number while giving the house options:

• Option A: Higher advance, standard royalties, publisher keeps audio.
• Option B: Lower advance, higher royalties from day one, author keeps audio.
• Option C: Mid advance, escalators kick in earlier, shared foreign.

Email lines:

• “If audio stays with me, I will accept 70k. If audio stays with you, I need 90k.”
• “Advance works at 80k with 12.5 percent hardcover from sale one.”

Royalty escalators

Escalators reward volume. Make them clear, early, and broad.

Targets:

• Breakpoints at 5,000 and 10,000 units for hardcover. 10,000 and 20,000 for trade paper.
• Escalators across formats, not only hardcover.
• Retroactive application. Once you cross a level, higher rates apply to all copies in that format.

Sample language:

• “Hardcover: 10 percent to 5,000 copies, 12.5 percent to 10,000, 15 percent thereafter, retroactive.”
• “Trade paper: 7.5 percent to 10,000, 10 percent thereafter.”
• “Ebook: 25 percent of net, rises to 30 percent after 15,000 total digital units.”

Quick check:

• Ask how the house counts units. Shipped or sold. Confirm returns handling before escalators trigger.

Special sales, bundles, and subscriptions

These deals move volume, then wreck royalties if left vague. Set floors, require approval on freebies, and define subscription payouts.

Lock in:

• Minimum royalty for bulk and nonreturnable deals. For example, no lower than 10 percent of list for hardcover, 7.5 percent for trade paper, 25 percent of net for anything priced by receipts.
• “No-royalty” giveaways only within a tight promo window. Limit units, time, and purpose, such as ARC distribution or a weekend ebook promo.
• Subscription language. Define revenue share and floor per unit. Example, “For subscription pools, author share will equal per-title revenue divided by units, with a floor of 25 percent of net.”

Approval rights:

• “Publisher will seek author approval for any free or sub-dollar promotion above 2,000 units or longer than 3 days.”

Subsidiary rights

Audio, foreign languages, film and TV sit on a separate value stack. If you or your agent sell these, keep them. If you grant them, force strong splits and timelines.

Retain when possible:

• Audio. Strong direct deals exist. You keep creative control and timing.
• Foreign and translation. Subagents license territory by territory, often at better terms.
• Film and TV. Leave with your agent and manager.

If granting, secure:

• Splits: 75 to 85 percent to author on foreign. 70 to 80 percent to author on audio if publisher outsources to a third-party producer. If in-house production, no lower than 50 percent to author on net.
• Exploit-by dates. Audio produced within 12 months of print pub date. Foreign sold within 24 months of grant, per territory. Rights revert if deadlines pass.
• Approval or consultation on deal terms where your name or voice gets used.

Sample line:

• “If audio not produced within 12 months of U.S. publication, audio rights revert on written notice.”

Territory and language

Grant reach the publisher will use. Keep the rest ready for targeted deals.

Common offers:

• North America. United States, Canada, and U.S. territories.
• World English.
• World, all languages.

Questions to ask:

• Which territories do you distribute to with returns and local pricing, not export only.
• Name recent titles where you sold translation through in-house rights.
• Publicist coverage outside U.S. and Canada. Book fairs, co-editions, local reps.

Protect yourself:

• “If no edition published in a granted territory within 24 months of U.S. publication, rights in that territory revert.”
• For export sales, standard trade royalties, not deep-discount rates.
• If you keep foreign, allow English export sales, but bar exclusive deals which block your foreign licenses.

Delivery and acceptance

Money should release on acceptance, not delivery. Define acceptance, limit revision loops, and set clocks for each step.

Key points:

• Objective standard. “Satisfactory” means a manuscript consistent with the approved proposal, within agreed word count, and professionally edited.
• Timeline. Editor provides an editorial letter within 30 days of delivery. You revise within 30 to 60 days, depending on scope. Publisher then has 15 days to accept or give specific fixes.
• Limits. No more than two revision rounds. Changes beyond scope trigger an amendment, not endless unpaid rewrites.
• Payment. Advance installment due within 30 days of acceptance notice, not publication.
• Kill protection. If publisher rejects without cause, all rights revert and you keep amounts paid. If they cancel for convenience, a kill fee of 20 to 30 percent of remaining advance.

Email lines:

• “Please tie the second payment to acceptance, not delivery. Add a 30-day review period and a two-round limit on revisions.”
• “If rejected without specific, objective deficiencies, rights revert and I retain amounts paid.”

A simple trading plan

Pick two items for offense, one for defense.

• Offense: higher advance and retroactive escalators.
• Defense: no cross-project collateralization and strict special-sales floors.

Then swap with purpose:

• “If we agree to 12.5 percent hardcover from copy one, I will accept 75 percent on foreign splits.”
• “If audio stays with you, move to a 40 percent net share and produce within 12 months.”

Keep notes, quote numbers, and keep your cool. Editors respond to writers who speak in specifics and move pieces without drama.

Protect Your Rights and Future Works

You want a deal that pays now and leaves doors open later. This section guards future income, future books, and your name on the work. Editors respect authors who know where the tripwires sit.

Option clause

Keep the option tiny and fenced in.

• Scope. One next work, same genre or series, English language only. No blanket option on “next book.”
• Timeline. Proposal review within 15 business days. Full manuscript review within 30 days. No response means you are free to sell elsewhere.
• Right type. Right of first refusal beats matching rights. ROFR lets you take a better offer if the house passes or fails to meet terms.
• Exclusions. Short works, articles, novellas, newsletters, blogs, anthologies, work-for-hire, and collaborations stay outside the option.

Sample line:

• “Publisher’s option applies only to the next full-length work in the same series or genre. Publisher will respond within 15 business days to a proposal and within 30 days to a full manuscript. Failure to respond releases the author.”

Email lines:

• “Please limit the option to one next work in the series, with a 30-day response. No matching rights.”
• “Exclude short works, articles, and collaborations from the option.”

Non-compete

Non-compete language often traps writers. Narrow the definition and add clean windows.

• Define “competing.” Same subject, same audience, same format. A thriller does not block a parenting guide. A trade book does not block a course.
• Window. Restrict to a short period around publication. For example, 3 months before and 6 months after first publication of your book in that format.
• Territory. Only where the publisher holds rights.
• Carve-outs. Newsletters, blogs, podcasts, speaking, teaching, coaching, courses, paid communities, and backlist reissues stay free. Tie-ins and excerpts for marketing also stay free.

Sample line:

• “Author will not publish a directly competing work, defined as a full-length work on substantially the same topic aimed at the same audience, in the same format, within the territory and for the period from 3 months before to 6 months after first publication.”

Email lines:

• “Please limit non-compete to directly competing works by topic and audience.”
• “Add carve-outs for newsletter, blog, course, podcast, and backlist reissues.”

Out-of-print and reversion

An “available as ebook” clause keeps books locked up forever. Use math, not vibes.

• Trigger. Set an objective sales floor across all formats in a 12-month period. For example, fewer than 200 copies sold in the U.S. and Canada, or net receipts under $250. Availability by POD or listing alone does not count as “in print.”
• Process. You send written notice. The publisher has 60 days to cure by restoring sales above the threshold through meaningful distribution. If not, rights revert automatically.
• Scope. Reversion should include all rights granted under the agreement for the relevant territory and language.

Sample line:

• “A book is out of print when, over any consecutive 12-month period, paid sales across all formats fall below 200 copies in the primary territory or net receipts fall below $250. Upon author notice, publisher has 60 days to cure. Failing cure, all rights revert automatically.”

Email line:

• “Swap ‘available’ for an objective sales threshold with automatic reversion after a 60-day cure period.”

Publication commitment

You do the work. The publisher must publish on a schedule, not whenever.

• Deadline. Publication within 12 to 18 months after acceptance. Name a month, not a season.
• Remedy. If the deadline slips without your written consent, you gain the right to terminate and reclaim all rights. Earned money stays with you. Any unearned advance linked to unpublished formats should not be clawed back.

Sample line:

• “Publisher will publish within 15 months of acceptance. If publication does not occur within this period, author may terminate on 30 days’ notice and all rights revert. Amounts paid remain with the author.”

Email line:

• “Please add a firm 12–18 month publication requirement after acceptance, with reversion if missed.”

Indemnification and warranties

You promise originality and permissions. The publisher promises protection if a covered claim lands.

• Your warranties. Original work, no infringement, permissions for third-party content, no libel or privacy invasion to your knowledge.
• Caps. Your liability capped at amounts paid under the agreement. No consequential or punitive damages.
• Duty to defend. Publisher must defend covered claims, select counsel in consultation with you, and pay defense costs.
• Approval. No settlement or admission of liability without your written consent. Mutual indemnity where the publisher supplies materials such as cover art or marketing copy.

Sample lines:

• “Author’s total liability is capped at amounts paid to author under this agreement.”
• “Publisher will defend and indemnify the author against claims arising from publisher-supplied materials and from editorial changes requested by publisher.”
• “No settlement or admission of liability will occur without author’s written consent.”

Email lines:

• “Please add a liability cap and exclude consequential damages.”
• “Confirm publisher’s duty to defend and no settlements without my consent.”

Creative control

You want a cover that sells and copy that does not misstate your work. Ask for consultation plus one hard approval point.

• Title and cover. Consultation rights with a real process, for example, at least two rounds of concepts. Request your byline font treatment mirrors author brand where relevant.
• Jacket and marketing copy. Accuracy approval. You approve factual claims and endorsements that run in your name.
• Metadata. Review and correction rights on keywords, BISAC codes, author bio, and series data.
• Acknowledgments and dedication. Your call.
• Audio. If the publisher produces, request narrator consultation and pronunciation review.

Sample lines:

• “Publisher will consult with author on title and cover, including at least two rounds of concepts before finalization.”
• “Author will have approval over factual accuracy of jacket copy and over the author bio.”
• “Publisher will share metadata entries before release and implement reasonable corrections within 7 days.”

Email lines:

• “Add consultation on title and cover, plus accuracy approval on jacket copy.”
• “Please circulate metadata for review before lock.”

Quick checklist before you sign

• Option trimmed to one next work, fast response, ROFR only.
• Non-compete narrow by topic, format, territory, and time, with strong carve-outs.
• Out-of-print tied to sales over a 12-month window, automatic reversion after a cure period.
• Publication deadline tied to acceptance, with a clean exit if missed.
• Indemnity balanced, liability capped, duty to defend confirmed.
• Creative consultation in writing, accuracy approval on copy and metadata.

Protect these pieces and future you will thank present you. Editors respect authors who guard long-tail rights, stay reasonable, and speak in clean language backed by terms.

Tactical Negotiation Playbook

You are not haggling a sofa. You are setting terms for years of work. A plan keeps momentum and protects leverage.

Sequence your asks

Go in waves. Two or three priorities per pass. Save smaller items for trades.

• Pass one. Money, rights, territory. Anchor here.
• Pass two. Royalty escalators, deep discount floors, audit rights.
• Pass three. Option, non-compete, creative consultation.
• Pass four. Timelines, acknowledgements order, delivery quirks.

Trade smart.

• Examples of low-cost concessions. Acknowledgements order, author photo credit, gala invites, galley quantity.
• Use those to close on high-value terms. Royalty floors, subsidiary rights splits, publication deadline.

Email lines:

• “Here are my top three points for this round, in order of priority.”
• “Happy to accept your acknowledgements order, if we confirm title-by-title accounting.”

Mini exercise:

• Write a ranked list, ten items max.
• Mark three must-haves with a star.
• Mark three trade chips with a circle.

Get promises in writing

Verbal comfort fades once legal reviews begin. Convert every promise to text.

• Replace vague terms. “Reasonable efforts” becomes specific obligations, numbers, and dates.
• Prefer plain words over jargon. Define “net receipts,” “high discount,” “subscription,” “pre-empt window.”
• Side letters work. Use one for marketing deliverables or special events if the boilerplate resists changes.

Before and after:

• Vague. “Publisher will use reasonable efforts to market the book.”
• Tight. “Publisher will include the book in two seasonal catalogs, submit to three trade outlets, run one paid campaign within 30 days of publication, and provide a marketing plan within 60 days of acceptance.”

Email lines:

• “Thanks for the call. To confirm, you offered a 10 percent floor on high-discount sales and a 15-month publication window. I will add language to the redline.”
• “Please include the comp list discussed: A, B, C.”

Use data and questions

Data moves hearts in-house. Questions lower defensiveness.

Bring:

• Sales comps with ISBNs, price, pub month, and reported units.
• Platform stats, newsletter numbers, speaking schedule, endorsements.
• Seasonal logic, retailer interest, festival or media hooks.

Ask:

• “Which precedent language covers this at your house?”
• “Which discount band triggers the lower royalty rate?”
• “What average return rate did finance use for this offer?”
• “Where did you see resistance on similar titles?”
• “If we agree to North America only, what sales plan covers the rest of World English?”

Offer a fix, not a rant:

• “Here is proposed wording for reserves, with a 15 percent cap and a six-month sunset.”

Manage time and silence

Time pressure favors the party with a clock. Make the clock yours.

• Set response timelines. “Please respond within five business days.” Repeat politely if late.
• Use quiet. State a counter, then pause. Silence invites concessions.
• Avoid racing to close on Friday at 4 p.m. Ask for weekend review. “I will respond Monday by noon.”
• Create holds on your side. “Offer valid through Wednesday, 5 p.m. Eastern.”

Scripts:

• After a weak counter. “Thanks for sending. Given the comps, I need to see 12 percent on hardcover from copy one. I will wait for your response.”
• When pressed. “Quality matters more than speed here. I will revert by Tuesday.”

Pre-empt vs. auction

Pre-empt = one bidder offers a strong package to stop competition. Auctions gather bids in rounds.

Pre-empt fits when:

• Advance beats likely auction outcomes by a healthy margin.
• Royalties meet or beat house norms.
• You keep high-value rights, or splits favor the author.
• Publication slot, marketing plan, and editor fit look strong.
• Decision window stays short, for example, 24 to 48 hours.

Ask for:

• A memo spelling out advance, royalty grid, escalators, rights granted, marketing commitments, and publication month.
• A no-shop period limited to the decision window.

If signals look soft, run a controlled auction.

• Set rules in advance. Round deadlines, bid format, rights on offer, and a best-and-final date.
• Share comp logic and your priorities. Serious bidders respond with serious packages.

Email lines:

• “For a pre-empt to work, I need X advance, Y royalty floor, and retention of audio. Decision window, 36 hours.”
• “Thank you for the offer. I will proceed with a two-round auction ending Thursday, 5 p.m., under the attached rules.”

Document everything

Memories bend. Files save careers.

• Keep a master redline. One file name, versioned by date. For example, Title_Agreement_Author_v2025-03-12.docx.
• Log changes. A simple table with clause, prior text, new text, and who agreed.
• Confirm every call by email. Three bullets summarizing outcomes, plus next steps and due dates.
• Build a deal memo after signature. One page, plain language.

Deal memo checklist:

• Advance amount, payment schedule by milestone.
• Royalty grid by format, escalators, and discount floors.
• Rights retained and rights granted, with splits.
• Territory and language.
• Option scope and response timelines.
• Non-compete window and carve-outs.
• Out-of-print trigger and reversion process.
• Publication deadline and remedies.
• Reserves cap and sunset.
• Audit rights and underpayment threshold.
• Marketing commitments and galley counts.
• Contact list for editorial, production, marketing, and rights.

Final habit:

• Calendar every deadline. Delivery, acceptance, launch, royalty statements, reserve release dates, reversion review windows.
• Store all files in one folder, cloud plus local backup.

A clear process frees you to negotiate with confidence. Sequence requests, lock promises, ask sharp questions, control the clock, choose the right sales path, and keep records clean. Future you will feel grateful.

Work With Pros and Handle Special Cases

You do not need to do this alone. The right partner pays for their fee many times over. The wrong partner drags you into a swamp. Choose with care, then set clear terms.

Agent partnership

Agents take around 15 percent of domestic income. Foreign deals often add a subagent split, so expect 20 percent there. What do you buy with that fee? Better money, cleaner contracts, faster responses, and an advocate when things wobble.

What strong agents do:

• Run real auctions and timed exclusives with discipline.
• Use house boilerplates to swap in friendlier clauses fast.
• Protect rights. Audio, translation, film, and merch sit at the top of this list.
• Push for escalators that hit sooner and apply across formats.
• Keep pressure on schedule, cover, and catalog positioning.

How to pick one:

• Ask for deal lists over the past two years. Names, houses, formats.
• Call two clients who debuted in your category, not only stars.
• Confirm subagent networks for translation and film.
• Request sample redlines. Look for precision, not puff.

What to ask for in the agreement:

• Term length tied to specific works, not your whole career.
• Commission stated by territory and format.
• Clear sunset clause if the relationship ends, with continuing commissions only on deals already closed.

Email lines:

• “My goals, larger on-signing, stronger ebook rate, and retention of audio. Is this within your recent results in X category?”
• “Please share your boilerplate with Big House A and Big House B for comparison.”

Publishing attorney

Unagented does not mean unprotected. Hire a publishing lawyer for a fixed-fee review. Ask for documents you can use in conversation, not legalese only.

What to request:

• A full redline with comments in plain English.
• A one-page memo with your top five risks, ranked.
• Talk tracks for each ask. Two sentences per point, with a fallback.
• A short call to rehearse the script.

Where lawyers shine:

• Definitions. Net receipts, high discount, acceptance, out of print.
• Liability caps and indemnity language.
• Option, non-compete, and reversion triggers.
• Audit rights that force payment within a set window.

Sample brief to send:

• “Here are my comps, platform numbers, and priorities. Please focus on reserves caps, discount floors, audit rights, and reversion. I need language I can read back on a call.”

Small press and hybrid deals

Small presses can deliver love, speed, and niche focus. Some hybrids do honest work. Others sell hope at a markup. Verify before you sign.

Checklist for small press:

• Trade distribution named in writing, for example, IPS, PGW, Two Rivers, MPS, S&S, Hachette, PRH.
• Publicist assigned, with a plan and dates.
• Print run target or POD plan with real retail reach.
• Royalties on list or clear net definition with a cap on deductions.

Checklist for hybrids:

• No work-for-hire. You keep copyright.
• Fees listed by service. Editing, design, printing, distribution, publicity.
• Marketing deliverables with dates and spend caps.
• Royalties based on receipts, with transparent reporting.
• Reversion if publication slips beyond a stated window, for example, 12 months after acceptance.

Red flags:

• Vague “exposure” promises.
• Hidden warehousing or “processing” fees.
• Cross-collateralization across unrelated titles.
• No audit right.

Email lines:

• “Please confirm your distributor and whether stores order on standard trade terms.”
• “Send a sample royalty statement with discount bands and reserves shown.”

Audio and translation-only deals

Audio

• Minimum guarantee paid on signing or script acceptance.
• Royalty on net set in writing, with a floor. Common ranges with audio publishers sit at 40 to 50 percent of net, higher if you bring finished audio.
• Production timeline with a release deadline. Six to nine months is common.
• Reversion if no release by deadline or if sales fall below a set number for two periods.
• Marketing commitments. Retail placement, paid placements, and a campaign window.

Translation

• Territory defined by country list, not a fuzzy “World.”
• Language defined clearly. World Spanish is not equal to Spain only.
• Term length with renewal only if sales targets are met.
• Advance per territory, not one pool across languages.
• Reversion if no publication by a deadline, often 18 to 24 months from delivery.
• Author approval of translator or at least mutual consultation.

Sample clause idea:

• “If licensee fails to publish by Month X, all rights revert on written notice, without repayment of sums received.”

After signing

Deals do not manage themselves. Systems save money.

Calendar

• Delivery, acceptance, copyedit, proof, and pub date.
• Royalty statement months and expected payment dates.
• Reserve review windows and sunset dates.
• Option response deadlines and non-compete windows.
• Reversion check once per year, with sales thresholds listed.

Monitor money

• Track advances paid against milestones.
• Compare reserves to agreed cap. Ask for release when due.
• Verify discount bands used on big orders.

Use your audit right

• Threshold for underpayment triggers fee shifting. Often 5 percent.
• Notice period, usually two weeks.
• Keep communications polite and short.

Amendments, not emails

• Any real change lives in an amendment. Payment schedule, rights splits, pub date, series language.
• Email summary after every call, followed by a clean draft for signature.

Mini exercise:

• Build a one-page deal sheet. Top half, money and dates. Bottom half, rights and reversion triggers. Tape it near your desk. When a promise moves, update the sheet, then ask for an amendment.

You write the book. Pros wrangle the deal. Surround yourself with people who raise the floor, then hold them to the page.

Frequently Asked Questions

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