For authors, securing a publishing deal is a milestone achievement. However, the accompanying contract determines the fate of your intellectual property (IP) for years to come. Understanding the fine print is essential to maintaining control over your creative work.

Our IP team frequently advises authors and small presses on the nuances of publishing agreements. Below are the critical areas that require careful negotiation.

1. Grant of Rights

The core of any publishing contract is the "Grant of Rights" clause. Authors should be wary of granting "all rights, in all media, throughout the universe, in perpetuity." Instead, consider:

• Territory: Limit rights to specific regions (e.g., North America only) if you plan to sell foreign rights separately.
• Formats: Distinguish between print, e-book, and audiobook rights. Keep film/TV rights reserved unless the publisher has a strong track record in that area.

2. Reversion of Rights

What happens if your book goes "out of print"? In the digital age, a book can theoretically list as "available" forever via Print-on-Demand services.

"Authors must define clear thresholds for Reversion of Rights—such as sales falling below a certain number of copies per year—to regain control of their IP."

3. Subsidiary Rights

Subsidiary rights (translations, serialization, merchandising) can be lucrative. Standard contracts often split these proceeds 50/50. However, if the publisher is not actively exploiting these rights, the author should retain them or have the right to reclaim them after a set period.

Before signing any publishing agreement, we strongly recommend a legal review to ensure your intellectual property assets are protected for the long term.