I want to celebrate you writers who have received a YES from a publisher who wants to publish your book. (I’m focusing on the traditional publishers here; please be careful of a YES from publishing scammers. If you want to read my warnings, check out this post about publishing predators.)
But joy oh joy when a publisher says yes. There’s nothing like it.
After the celebration, however, I urge you to take a breath. You thought it was difficult writing the book; wait until you embark on the publishing process—starting with you signing a contract with the publisher.
Take the time to read and understand your publishing contract. Any contract is going to look like a bunch of boilerplate legalese that you just want to sign and be done with so you can get that portion of the advance (if that’s part of the package) or at least get going on editing. But never sign anything you haven’t read. I know, everyone accepts those “Terms and Conditions” on every website without reading them, but your book publishing contract is too important to sign without understanding everything in it.
If you have an agent, he or she will help you work through the contract and will negotiate any changes on your behalf. If you do not have an agent, this falls to you, so you must understand what you’re reading.
This blog in no way constitutes legal advice. I will point out a few items to be aware of in contracts—whether a book contract or a contract for an article. You should always read the whole document and question anything you don’t understand, ask for clarification from the publisher, or get legal advice. At the end are a couple links to articles that include helpful information about understanding the verbiage in contracts.
Following are a few things to look for in any publishing contract for any type of publication.
At the beginning will be a paragraph saying something about this agreement being made on a particular date (check the date) between the publisher (check name and address of publisher) and you (check that your name and address are correct). Then it will describe what it is you’re delivering. It may be the working title of the book or article or a description. Check this and make sure it is correct. These three items will be shorthanded as “Publisher,” “Author,” and “Work” throughout the rest of the contract.
Another section will probably talk about Grant of Rights or something similar. This can be confusing, so read carefully and understand what each item means. While much of this is the same in almost all publishing contracts, be sure you understand what rights you’re giving to the publisher. Following is a very quick thumbnail sketch of what the terminology means:
- All rights. Avoid selling “all rights” to your work (especially a book). If the contract says this, you should question it, unless you have already discussed doing this work as a work for hire and giving up all rights to it. In some cases, such as for articles, it’s okay. For instance, when I would hire devotional writers for our Livingstone publications, I would ask them to sign a work for hire contract that specified that they were selling “all rights” to their devotionals. That meant that they would no longer own them once they were published in the devotionals we were creating. They were paid a flat fee, got a byline, but could never publish that devotional anywhere else. They had given up all rights. That’s fair in that kind of situation, but you want to be careful with your works. For example, if you’re getting a short story published in a magazine and you’ve given up all rights, that means you can never use it again. If another publication reads it and would like to include it, say, in an anthology, they couldn’t unless they buy the rights from that publisher. It’s best not to sell all your rights.
- First serial rights. This means that the publisher has the right to be the first publisher of your piece. After that piece has been published, the rights revert back to you. Sometimes the contract will specify First North American Serial Rights, and that means you give those first serial rights but only in North America. You could then sell first serial rights to publishers in other countries.
- Exclusive rights. This means you give the publisher the right to publish your work and it won’t appear anywhere else at the same time. Check the wording in the contract as publishers will put a length of time on this exclusivity—probably a few months to a year. After that time period has ended, you can publish your work in other places.
- Worldwide rights. This gives the publisher the right to publish your work anywhere in the world.
Next, a section will talk about the work itself. This will include the date when you as author must deliver your completed piece to the publisher. Make sure that is the date you have already agreed to or understood as your due date.
There will be statements you must agree to saying that you have not already published this work, that the work is truly yours (not plagiarized and nowadays not AI generated in any way), that you have not libeled anyone, that you agree to obtain permissions for quoted material (and probably pay for them yourself), etc.
There will be a section about who owns the copyright. Generally, this should say your name. While you do give away some rights (as noted above), you own the copyright.
There may be material about the publication process—who is responsible for what. In my contracts, the Publication section deals with what I can expect the publisher to do and what the publisher expects me to do.
There will be a section dedicated to money. In a book contract, this will include how much advance is coming to you and when it will be paid. The publisher often pays a portion of the advance upon you signing the contract with the remainder coming after you deliver an acceptable manuscript. There may be inclusion here for the percentage paid to your agent if you have one.
For magazine articles, it will state the agreed upon payment—although be aware if it says “upon acceptance” or “upon publication.” Since publications often work weeks or months in advance, that article about Christmas that got accepted in June could be paid in June (upon acceptance) or in December (upon publication).
In book contracts, royalty information will be in the section dedicated to money, detailing percentages that will be paid out once you have “paid back” your advance through sales. Now, this can also be very confusing. Don’t look at these percentages and do math based on the selling price of a book. These royalties are percentages of the net made by the publisher on the sales of the book. It won’t be a large amount of money per book, but the percentage you receive should increase after an initial number of sales. There may be a different percentage for e-books or audio books.
There will be caveats for books sold to certain outlets or for books you purchase. You should see a percentage discount for books you want to purchase yourself—say, to sell at a conference where you’re speaking. And yes, sorry, you do have to purchase your own books. Publishing is a business, and the publisher invests an amount of money into each printed copy. However, usually as part of the contract, you will receive a certain number of free copies upon publication. (That you will then unbox on social media, which is what everyone does.)
You will find information about when royalty checks will be cut and sent to you (usually quarterly). And again, if you received an advance, you won’t get any royalty until that advance money has been made back to the publisher through your book’s sales.
There may be information about marketing, about using your likeness in advertising, and about what marketing the publisher will do and what you will be expected to do.
Then there will probably be a lot of standard information absolving the publisher of a lot of responsibility. Read all of that carefully as well.
Don’t be alarmed, but don’t sign without understanding either. Most of these contracts are standard across the industry—especially if from one of the Big 5 or their imprints, or from a credible independent publisher.
Some websites that can give further information:
Publishing Contracts 101 (What You Need to Know to Protect Your Work)
Book Publishing Contracts: Checklist of Deal Terms
Again, congratulations on your success! Just take your time to make sure you understand your part of your publishing contract.
Next time, we’ll talk about getting ready to work with the editor at the publishing house.















































































































