A publishing contract is a legal and binding agreement between an author, an agent, and a publishing house. Occasionally, yet rarely, it is also between the publishing house and the author only.
A book publishing contract defines the details of the publishing agreement.
This agreement includes future royalties, advance payments, author grants, the publisher's rights, and more. Your book publishing contract comes after a book proposal template, and the publishing house or agent has agreed to represent the author.
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A book publishing contract is an absolute must for any author, whether you're a first-time author or a seasoned professional. The entire agreement is signed by all parties involved.
It clearly states what the publisher agrees to do for the author and what will happen if the publisher fails.
Your entire agreement constitutes of the rights granted, the publisher's cost (if any), and defines the governing law of the contract. It's a must-have legal document if an author wants to control their work and have a clear overview of what they can expect to happen in the future.
Your publishing contract typically comes with a proofreading contract and any other agreement the publisher deems necessary to get your work to market successfully.
Legal advice can be overwhelming when it comes to book publishing. There's a lot of information out there. However, our legal experts have designed a contract template you can adapt to your own publishing needs.
If you're looking to build your own contract from scratch, then the following clauses are must-haves in your book publishing agreement. They include everything the publisher agrees to, the rights granted to the publisher, any third parties needed, and more.
Here you'll want to outline the book itself, including word count, topic, and publishing date. You'll also want to include descriptions of the work involved to get the book published, including cover design, editing & proofreading, formatting, and any third parties involved to make the book happen.
There's so much more than just a release date for book publishing. Here, you'll want to include draft dates for the completed manuscript, book sales goals and milestones, when you will deliver a sample chapter if you haven't done so already, electronic book publishing dates, and any press events the publisher may deem necessary. For example, the author may need to run a publicity tour.
Pay royalties are critical for any author. The payment details are complicated when it comes to book publishing; this section looks at the payment you'll receive for creating the book.
This clause is an extension of your payment details. It's important that you take the time to plan who gets what percent of the sales profits for your work.
The agent often does this on the author's behalf; however, such circumstances are not always necessary if the author knows exactly what they want. Advances and royalties largely depend on if you're an unknown author or already have work out there that's selling well.
Copyright clauses for book publishing need the author's approval before anything happens. This includes:
All of which are treated as separate products.
Your publishing agreement needs to outline who owns the rights to the book once it's in the public domain. Plus, who owns anything the evolves from your story, like films, radio shows, or television series.
This book contract clause should also cover actions involving plagiarism, should your copyright ownership be jeopardized once the book is live. Make sure you register copyright claims for your ideas/plot, as well as the book itself.
Your book research may require travel. It's important this is expressly granted by your agent and publishing house in order for you to complete your manuscript.
Map out the places of interest you'll need to visit and how you plan about going there. Plus, if you're going on tour with your published book, this type of travel should also be included here.
When are you planning to deliver new chapters of your manuscript, and when will the complete manuscript be ready for print? Plot the timeline of the book creation here so all parties can align on the dates of your publishing agreement.
There are so many ways to advertise your book. A few of these include:
However your publishing house chooses to promote the book, this should be outlined clearly in this clause.
There are occasions when the publishing contract may need to be terminated. This is because the author has done something to damage their publication relationship or has failed to meet the terms of the contract.
In this case, the publishing house or agent may need to terminate the contract.
Outline the process for this. Specify if the author retains rights to their work and what happens to anything created for the publication that's no longer usable.
The last section of your contract is for anything specific to this agreement. This can include an overview of book sequels or any further similar agreements governing under the same law that the author has pending with the publishing house or agent.
The subject matter of this clause can change depending on who initiates the contract in the first place.
As the sole creator of your work, you'll want to ensure subsidiary rights, payment details, and your delivered material all work in your favor. No matter if this is your first publication or you've been selling for years, this publishing template will help ensure you're in the best position possible to go to market with your work.
All Bonsai contracts are legally vetted and accessible in just a few clicks. You can send your contract online for signing and know that it's still legally binding.
When you use Bonsai, you don't just get access to this template but all related templates, ensuring the future of your publication is looked after across the board.
Simple, this can be done in a few steps.
The majority of the time, a publishing contract covers an agreement with delivery, acceptance, copyright ownership, grants, rates and contact duration.
Yes, Bonsai has free publishing contract templates you can use to set agreements with customers/clients. Our free templates come with all of the necessary details to have a
This largely depends on if you're self-publishing or publishing through a publishing house. If self-publishing, you can make anywhere between 40-65% in royalties. However, you'll need to pay more for expenses like promotional campaigns, book printing, and delivery costs. When going through a publishing house, you'll typically make 10-15% in royalties.
Publishing contracts work by aligning the agent, the author, and the publishing house on the legal conditions of publishing the author's work. These contracts come after a book proposal has been accepted, and all parties agree to bring the work to market.
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This Contract is between Client (the "Client") and Acme LLC, a California limited liability company (the "Publisher").
The Contract is dated [the date both parties sign].
1.1 Project. The Client is hiring the Publisher to do the following: [SERVICE DESCRIPTION]
1.2 Schedule. The Publisher will begin work on [DATE] and will continue until the work is completed. This Contract can be ended by either Client or Publisher at any time, pursuant to the terms of Section 6, Term and Termination.
1.3 Payment. The Client will pay the Publisher a rate of [PROJECT RATE] per hour. Of this, the Client will pay the Publisher [DEPOSIT AMOUNT] before work begins.
1.4 Expenses. The Client will reimburse the Publisher's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Publisher will invoice the Client at [INVOICE FREQUENCY]. The Client agrees to pay the amount owed within [X] days of receiving the invoice. Payment after that date will incur a late fee of [LATE FEE PERCENTAGE]% per month on the outstanding amount.
1.6 Support. The Publisher will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2.1 Client Owns All Work Product. As part of this job, the Publisher is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Publisher works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Publisher hereby gives the Client this work product once the Client pays for it in full. This means the Publisher is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Publisher's Use Of Work Product. Once the Publisher gives the work product to the Client, the Publisher does not have any rights to it, except those that the Client explicitly gives the Publisher here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Publisher's Help Securing Ownership. In the future, the Client may need the Publisher's help to show that the Client owns the work product or to complete the transfer. The Publisher agrees to help with that. For example, the Publisher may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Publisher, the Publisher agrees that the Client can act on the Publisher's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Publisher after spending reasonable effort trying to do so, the Publisher hereby irrevocably designates and appoints the Client as the Publisher's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Publisher and on the Publisher's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Publisher's IP That Is Not Work Product. During the course of this project, the Publisher might use intellectual property that the Publisher owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Publisher is not giving the Client this background IP. But, as part of the Contract, the Publisher is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Publisher cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Publisher's Right To Use Client IP. The Publisher may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Publisher to build a website, the Publisher may have to use the Client’s logo. The Client agrees to let the Publisher use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Publisher's job. Beyond that, the Client is not giving the Publisher any intellectual property rights, unless specifically stated otherwise in this Contract.
The Publisher won’t work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Publisher asks for permission beforehand and the Client agrees to it in writing. If the Publisher uses employees or subcontractors, the Publisher must make sure they follow the obligations in this paragraph, as well.
Until this Contract ends, the Publisher won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Publisher puts out a general ad and someone who happened to work for the Client responds. In that case, the Publisher may hire that candidate. The Publisher promises that it won’t do anything in this paragraph on behalf of itself or a third party.
5.1 Overview. This section contains important promises between the parties.
5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
5.3 Publisher Has Right To Give Client Work Product. The Publisher promises that it owns the work product, that the Publisher is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Publisher uses employees or subcontractors, the Publisher also promises that these employees and subcontractors have signed contracts with the Publisher giving the Publisher any rights that the employees or subcontractors have related to the Publisher's background IP and work product.
5.4 Publisher Will Comply With Laws. The Publisher promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.
5.5 Work Product Does Not Infringe. The Publisher promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Publisher has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Publisher has entered into or will enter into with someone else.
5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Publisher if the Publisher has questions regarding this project, and to provide timely feedback and decisions.
5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Publisher with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
This Contract is ongoing until the work is completed. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 11.4. The Publisher must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Publisher for the work done up until when the Contract ends and will reimburse the Publisher for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
The Client is hiring the Publisher as an independent contractor. The following statements accurately reflect their relationship:
8.1 Overview. This Contract imposes special restrictions on how the Client and the Publisher must handle confidential information. These obligations are explained in this section.
8.3 Third-Party Confidential Information. It’s possible the Client and the Publisher each have access to confidential information that belongs to third parties. The Client and the Publisher each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Publisher is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Publisher or both. For example, if the Client gets sued for something that the Publisher did, then the Publisher may promise to come to the Client’s defense or to reimburse the Client for any losses.
10.2 Client Indemnity. In this Contract, the Publisher agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Publisher has done under this Contract; (ii) a breach by the Publisher of its obligations under this Contract; or (iii) a breach by the Publisher of the promises it is making in Section 5 (Representations).
10.3 Publisher Indemnity. In this Contract, the Client agrees to indemnify the Publisher (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
11.1 Assignment. This Contract applies only to the Client and the Publisher. The Publisher cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Publisher's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
11.3 Modification; Waiver. To change anything in this Contract, the Client and the Publisher must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
11.4 Notices.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.6 Signatures. The Client and the Publisher must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.
11.7 Governing Law. The laws of the state of California govern the rights and obligations of the Client and the Publisher under this Contract, without regard to conflict of law principles of that state.
11.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW.
