Before You Sign a Publishing Contract: What Authors Should Check

A publishing agreement is the document in which hopeful conversations become enforceable responsibilities. It sets out what the publisher may do with the book, what the author must provide, what each side will pay and how the arrangement can end. Once it is signed, it governs the relationship far more than anything said in a meeting.

Many authors read a publishing contract quickly, check the title and the royalty percentage, and sign with relief. The difficulty is that the most important terms are often elsewhere: in definitions, schedules and phrases such as "all formats" or "at the publisher's discretion". A broad clause signed without understanding can settle decisions the author did not realise were being made, such as whether they may later publish an audiobook or a translation themselves.

At Sotrane Publishers, we encourage authors to read every agreement slowly, including ours, and to ask about anything they cannot explain in plain language. This article offers general publishing information, not legal advice about any particular agreement. Where a clause has significant legal or financial consequences, have a qualified independent adviser review the actual document.

Work out what kind of agreement you have received

"Publishing contract" can describe quite different arrangements. A publisher may pay production costs and take a licence to publish and sell the book. An author may pay a company for appraisal, editing, design and printing. Some projects combine author contributions with publisher investment and shared sales responsibilities.

Start with the most basic question: who is paying for which work, and what rights are granted in return? A company charging for services should state exactly what it will deliver. A publisher taking rights should state how it will use them and account for the money they earn. Some agreements need answers to both questions.

Read the definitions and schedules as well as the main pages. An attractive summary can be narrowed or changed by a later clause, an attachment or a phrase such as "subject to the publisher's discretion". At Sotrane, we set out responsibilities, costs and approvals in writing from the beginning, as described on our book publishing page, but a general description never replaces the terms of your own agreement.

List every right the agreement covers

Copyright ownership, permission to publish and authorship are related but different. A publisher may receive a licence to produce and sell particular editions without becoming the author or the copyright owner. Another agreement may ask for a much wider transfer. The exact words matter.

Make a plain-language list of the formats covered, such as paperback, hardcover, eBook, audiobook, translation, adaptation and extracts. Then note the languages, territories and duration. An author of a Zambian history book might be happy for a publisher to distribute the English paperback in Zambia while wanting to keep the possibility of a future Bemba translation. If the agreement grants exclusive rights in every language and territory without any plan for those editions, ask why they are included and what happens if they are never used. A broad grant can be reasonable in some deals, but you should understand what you receive for it.

Ask whether the publisher may license rights to other companies and how you would share in the proceeds. If part of the manuscript has already been published elsewhere, or you have promised an organisation the right to use an extract, say so before signing so that the agreement reflects the facts.

The World Intellectual Property Organization's publishing contract toolkit is a useful introduction to the different contractual options. It cannot tell you what your own agreement means.

The right time to understand a publishing contract is while both sides are still free to discuss it.

Read the royalty calculation, not just the percentage

Two agreements can both promise an author 10 per cent and still pay very different amounts. In one, the percentage is calculated on the retail price of each copy sold. In the other, it is calculated on the money the publisher actually receives after selling through a bookshop.

As a purely illustrative example, suppose a book's retail price is K200. Ten per cent of that is K20. If a bookshop arrangement means the publisher receives K120, ten per cent of the receipt is K12. These figures are arithmetic examples only, not Sotrane rates or a claim about what is standard in Zambia.

Check which sales count. What happens with discounted copies, bulk orders, eBooks, returns and damaged stock? Are complimentary and author copies excluded? If there is an advance or a cost to be recovered before royalties are paid, find out exactly how that works. Ask how often statements are issued, what they show and when payment follows. Do not estimate your income by multiplying the print run by the royalty, because books printed are not books sold. The agreement should also give you a way to question a statement and reconcile the records. At Sotrane, sales and royalty statements are made available through the author's account, and any difference in records is reviewed and reconciled formally.

Put every payment and deliverable on one page

If you are contributing money, write down the full amount and the stage at which each payment falls due. What happens if editing shows that the manuscript needs more work than expected? Who approves an additional charge? Can the printing specification change without a revised quotation?

Misunderstandings about deliverables are common and avoidable. An author may believe a package includes 300 printed books when it actually includes print-ready files and a separate quotation for copies. Another may expect the editable cover files and receive only a final PDF. Confirm what is included for manuscript assessment, editing rounds, proofreading, cover options, interior layout, proof copies, final formats and the print quantity. Clarify who owns or may use the design and production files, and who pays for image permissions and other third-party material.

If something agreed in conversation or on WhatsApp differs from the written terms, ask for the change to be recorded in the contract or in a written addendum before you sign.

Find the actual publication commitment

Some contracts set out the author's deadlines in detail but say little about when the book will appear. Look for a timetable covering manuscript delivery, editorial review, proofs, final approval, production and release. Remember that some dates depend on both sides. An author who takes three months to return a proof will change the schedule.

Ask what happens if publication is delayed beyond what was agreed, or if the project does not go ahead. Which payments, if any, are refundable? Which rights return to the author? Who keeps the files and the work already completed? It is far easier to agree these points before anyone is disappointed.

Be wary of an exact launch date offered simply because it sounds reassuring. A workable timetable reflects the condition of the manuscript and the approvals required. Our publishing process shows the decisions between proposal, appraisal, agreement, proof and production, and a specific contract should explain how those apply to your book.

Define sales and marketing promises

"Marketing support" is too vague to measure. Does it mean a bookshop listing, a launch plan, social media posts, approaches to schools, a campaign budget or something else? Who supplies images and author information? Who answers buyers and arranges delivery outside Lusaka?

Different books need different routes to readers. The author of a workbook may care most about schools being able to order consistently. A novelist may need a clear way for readers to buy online. An organisation producing a commemorative history may distribute most copies itself. The agreement should reflect the route that matters for your book.

Be cautious of guaranteed sales. A contract can set out activities, reporting and responsibilities, but it cannot make strangers buy a book. Ask what will actually be done and which costs are included, rather than accepting "we will promote it widely" as a plan.

Understand how the arrangement ends

Few authors enjoy reading the termination clause at the start of a hopeful project. Read it anyway. What allows either side to end the agreement? Must notice be given first, with a chance to put a problem right? What happens to printed stock, outstanding invoices, money already earned and the right to publish future editions? If the book becomes unavailable or sells very little, is there a way for the author to ask for the rights back?

The phrase "in print" needs particular attention. An eBook listing can stay online for years with little active publishing behind it. The contract should make clear when rights return and what steps each side must take. Because the answer depends on the exact wording and the governing law, independent advice is worth seeking here. Check too how disagreements are raised and resolved, since a practical way to correct records or address missed obligations can prevent an expensive dispute.

Take the document away and ask the awkward questions

You are entitled to read a proposed contract slowly. Ask for a complete copy with every schedule, and mark any word you cannot explain in ordinary language. Then make your own list of the rights granted, payments due, work promised, reporting dates and exit conditions, and compare it with what you believed had been agreed.

Test the contract against your own plans. If you expect to sell copies at speaking events, check whether you can buy author copies, at what price and on what terms. If your church wants to distribute a special edition, check whether the rights you have granted allow it. If you hope to translate the book later, find the language clause now.

A question is not an accusation. Clear answers protect the author and the publisher from building two different projects under one signature. If an important point is still unclear, resolve it in writing and take qualified independent advice before you commit.

Which clause did you find hardest to understand the first time you read a publishing agreement?