Reviewing a publishing agreement

A publishing agreement transfers control of a book from the author to the publisher for the length of copyright, in return for an advance and royalties. The agreement decides which rights the publisher takes, in which formats and territories, the base on which royalties are calculated, and when the rights revert to the author. I review the agreement from the author's side and return it marked up with a written explanation of the changes and which ones a publisher will accept, for a fixed fee of £495 in three working days.

Who this is for

Authors, illustrators, academics, business writers and their companies in England and Wales who have been offered a contract by a trade, academic, educational or professional publisher for a book, a series or a contribution, and want to know what rights they are giving up and what they will be paid. The author contracts as a business or as an individual; the review treats the agreement as a commercial contract.

What to look for in a publishing agreement

The grant of rights: assignment or licence, formats and territory

The agreement should grant the publisher a licence of the publishing rights rather than an assignment of copyright, and an assignment is effective only if in writing signed by the author under section 90 of the Copyright, Designs and Patents Act 1988. The review checks whether the grant is an exclusive licence, which under section 92 must also be in writing, the formats covered (print, e-book, audio), the languages and the territory, and asks for rights the publisher will not exploit itself, such as audio, translation and film, to be reserved to the author or granted with a reversion if unused within a period.

Advances, royalties and the base they are calculated on

The advance should be paid in instalments on signature, delivery and publication, and should not be repayable except where the author fails to deliver. Royalties are a percentage of the published price or of the publisher's net receipts, and the difference matters where the publisher sells at high discount. The review checks the royalty rates by format and by discount band, the treatment of high-discount and export sales, e-book and audio royalties on net receipts, the reserve against returns and when it is released, and the accounting and payment periods, with the Late Payment of Commercial Debts (Interest) Act 1998 applying to royalties paid late.

Subsidiary rights and the author's share

Publishers ask for subsidiary rights, serial, book club, translation, audio, dramatisation, merchandising, and share the income from licensing them. The review checks the author's percentage of each, asks for rights the publisher is not equipped to exploit to be reserved, and for the publisher's share of income from licences it grants to its own group companies to be calculated at arm's length. It also checks the author's approval over abridgements, adaptations and the use of the author's name and likeness in marketing.

Moral rights, credit and changes to the text

The author's right to be identified under section 77 of the Copyright, Designs and Patents Act 1988 must be asserted under section 78 to be enforced, and the agreement should assert it and require the publisher to credit the author on every edition. The right to object to derogatory treatment under section 80 protects the text against distortion, and publishers ask for a waiver; the review asks for the waiver to be limited to editorial changes agreed with the author and to the requirements of a licensee's format, with the author's approval of the final text.

Delivery, acceptance, publication and the warranty

The agreement should set the delivery date, the length and the form of the manuscript, and the publisher's acceptance criteria, and should oblige the publisher to publish within a stated period of acceptance, failing which rights revert and the advance is kept. The review checks that acceptance cannot be refused for reasons unrelated to the manuscript's quality, that the publisher must give the author a chance to revise, and that the author's warranty that the work is original and not defamatory is matched by an indemnity limited to the author's own breach, since the publisher, not the author, controls the legal read.

Out of print, reversion, options and audit

Rights should revert to the author when the book is out of print, and print-on-demand and e-book availability mean the definition has to turn on sales below a stated level over consecutive accounting periods rather than on availability. The review asks for a reversion clause on that basis, for reversion where the publisher fails to publish or ceases to trade, for any option over the author's next work to be limited to a right of first negotiation for a short period, and for an audit right over the publisher's accounts. The author should also register for the Public Lending Right Act 1979 payments, which the agreement should not assign to the publisher.

What it costs

Standard review, £495. Marked-up document and a written explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the contract review page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• Your own contract returned with my amendments as tracked changes, plus a clean version with every change accepted, ready to send to the other side
• Comments in the document where a point needs explaining
• A written explanation of what I have changed and why, by email or as an attachment if it is lengthy, marking the points I would hold firm on and the ones that are negotiable
• A view on what is normal market practice and what is the other side pushing their luck
• One round of follow-up questions by email, included

What is not included

• Negotiating directly with the other side, which I quote separately once I know who is on the other side. Where the other side is willing to share a live document, I can work in that document directly
• Drafting a replacement contract from scratch
• Advice on the law of any jurisdiction other than England and Wales
• Tax, accounting or regulatory advice
• Disputes about a contract that is already signed

Questions I am often asked

The publisher wants all rights in all languages for the full term of copyright. Is that standard?

It is standard in publishers' first drafts and not what authors with advisers sign. The review asks for a licence rather than an assignment, for the formats and territories the publisher will exploit, and for unused rights, such as translation, audio and film, to be reserved or to revert after a period.

What happens to my book if it stops selling?

Rights revert only if the reversion clause is triggered, and publishers define out of print so that an e-book or print-on-demand copy keeps the book in print forever. The review asks for reversion when sales fall below a stated level over consecutive periods, so that you can take the book elsewhere.

Do I have to give the publisher my next book?

Only if the option clause says so, and drafts ask for an option on the author's next work on the same terms. The review asks for the option to be a right of first negotiation for a short period, on terms to be agreed, so that you are free to go elsewhere if the publisher does not make an acceptable offer.

Related guidance and services

• Contract review, £495, the service this page describes
• AI contracts and AI use policies, £995
• Reviewing a self-publishing platform's terms

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.