Every project is different. However, several recurring issues deserve attention when creating, publishing, and commercializing written work.

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Publishing Agreements

A publishing agreement establishes the terms on which a publisher may produce and distribute your work. Its commercial impact extends beyond the initial publication.

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Issues may include:

• rights granted and rights retained

• exclusivity, territory, and contract duration

• manuscript delivery and acceptance

• editorial control and approval rights

• advances, royalties, and payment timing

• royalty calculations and permitted deductions

• statements and access to supporting records

• publication commitments and timelines

• options over future works

• termination and rights reversion

 

The agreement should be assessed against your objectives for the work, including the opportunities you may wish to pursue separately.

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Copyright Ownership & Licensing

Written work may be used across different formats, languages, platforms, and markets. Agreements should clearly identify who owns the work and what rights others receive.

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Licensing arrangements may address print editions, ebooks, audiobooks, translations, excerpts, and adaptations. The scope of a licence should reflect the intended use, including its duration, territory, exclusivity, and whether further licensing is permitted.

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Agreements should also address the use of illustrations, photographs, and other contributed materials. Clear documentation helps align the rights obtained from contributors with the rights needed for publication and distribution.

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Co-Authors, Ghostwriters & Contributors

Collaborative projects require clarity about both the creative process and the commercial relationship. Informal understandings can leave significant questions unresolved once the work is complete or begins generating revenue.

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Issues may include:

• each contributor’s responsibilities

• deadlines and approval processes

• ownership of the completed work

• authorship credit and acknowledgments

• fees, royalties, and revenue sharing

• expenses and production costs

• confidentiality

• authority to negotiate publication or licensing

• withdrawal from the project

• use of completed and unfinished material

 

The agreement should establish how decisions will be made and what happens if the contributors’ expectations or circumstances change.

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Self-Publishing & Publishing Service Agreements

Self-publishing often involves separate arrangements with editors, designers, illustrators, formatters, printers, distributors, and marketing providers.

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These agreements should identify the services included, the deliverables expected, and the costs payable. Revision limits, production schedules, file access, and responsibility for correcting errors can materially affect the project.

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Authors and publishers should also consider who controls distribution accounts, receives sales proceeds, and retains access to production files when a service relationship ends. Clear terms can help preserve continuity and reduce dependence on a single provider.

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Building and Expanding a Publishing Business

As writing and publishing activities grow, business relationships and legal needs often become more complex.

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Authors may establish a corporation, develop a publishing imprint, enter recurring content arrangements, or build a business around speaking, training, and educational materials. Publishers may bring on shareholders, engage additional contributors, or expand their catalogue and distribution relationships.

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Growth frequently requires updated documentation to support new revenue streams and maintain consistency across projects. Business structure, governance, and contractual commitments should be considered together as the business evolves.