Publishing
Legal issues to consider when self-publishing
Self-publishing can be an exciting and rewarding way to get your work out into the world. With the rise of digital publishing, it has never been easier to self publish
Publishing agreements are important (for both authors and publishers) as they define the rights and obligations of both parties, covering everything from royalties to the distribution of the work.
In this article, our publishing lawyer discusses why having your publishing agreement reviewed by a lawyer is crucial before signing.
Given the complexity and long-term implications of publishing agreements, it’s crucial to have them reviewed by a lawyer before signing. Here’s why:
Publishing law is a niche area of law. There are a number of legal terms, international and intellectual property considerations that get taken into account. By hiring a publishing lawyer to review a publishing contract, you can cut through the jargon and get a good understanding of what you are signing up to.
A review of a publishing contract can also bring to light any terms which are inconsistent with what has been discussed between the publisher and author.
For example, royalties are often calculated on the basis of ‘net’ receipts. However, many publishing agreements define net receipts differently. This can greatly impact the final royalty payment.
Further, in hybrid publishing agreements, both the author and the publisher financially contribute to the publication. Often, the author will pay an amount up front to start the publication process.
In this scenario, it’s important for the author to have a right to a refund if the publisher does not uphold their side of the bargain.
If an author or a publisher asks for unreasonable terms through the publishing agreement, this can be a red flag. A publishing agreement review will highlight if any terms are particularly unreasonable.
This is helpful if you have multiple options to decide between. If an author has multiple publishing offers on the table, a contract review can help the decision-making process. For publishers, if an author is requesting unreasonable terms then the publisher may want to go with alternative options.
As an author intellectual property is your most valuable asset. A publishing agreement often involves granting certain rights to the publisher, such as the right to reproduce, distribute, and sell your work.
A lawyer can ensure that you retain control over your intellectual property and that any rights granted to the publisher are clearly defined and limited in scope.
Publishing agreements may be covered by various laws, including copyright laws and consumer protection laws.
A lawyer can ensure that the agreement complies with all relevant legislation, protecting you from potential legal disputes in the future. They can also advise on the implications of international law if your work is to be published in multiple countries.
A lawyer can help you plan for the future by flagging provisions that might not offer protection for future circumstances.
For example, a lawyer can address changes likes the sale of the publisher’s business, changes in distribution methods, or the invention of new technologies that could impact the distribution of your work.
Check out our article on the 8 Things Authors Must Know About Publishing Contracts to learn more.
If you sign a publishing contract without having it reviewed first, you could be agreeing to terms that you don’t fully understand or which may have unintended consequences.
For example, some publishing contracts do not include the right for the author to terminate the contract. This may mean that the author has given copyright away for a significant period of time, with no right to take back full ownership if something goes wrong.
From the perspective of the publisher, the contract should appropriately protect your investment.
Given the investment of time and money from publishers and authors, it’s important for the arrangement not to fall over at the last hurdle. For the sake of a few hundred dollars, it’s important to get a publishing agreement review.
A publishing agreement is a legally binding contract between an author and a publisher that outlines the terms and conditions under which the publisher will distribute and sell the author’s work.
It covers aspects like royalties, rights, distribution, and more.
Yes, many aspects of a publishing agreement can be negotiated.
A lawyer can assist you in negotiating better terms, such as higher royalties, limited rights granted to the publisher, and more favourable conditions overall.
As an author, it’s important to retain rights to your intellectual property, including the ability to license or use your work in other formats or markets.
A lawyer can help ensure that you only grant the necessary rights to the publisher while retaining control over your work.
Publishers should ensure that their agreements grant them the necessary rights to distribute and market the work.
Items to be included in the publishing contract might be a fair royalty structure, exclusivity, termination rights and clauses that protect them from potential liabilities.
A lawyer can help draft and review the contract to ensure all essential elements are covered.
Contact us for a free consultation
We provide legal advice to business and individuals across Australia, no matter which State or Territory you are located. Our easy-to-access, online legal services mean that you can talk to our lawyers wherever you are, at a time that suits you.
4.8
Google Reviews
Don’t hesitate – reach out for your free legal assistance today. Your peace of mind is just a click or call away!
Self-publishing can be an exciting and rewarding way to get your work out into the world. With the rise of digital publishing, it has never been easier to self publish
Whether you’re an author looking to protect your intellectual property rights, a publisher seeking to negotiate favourable contract terms, or any other stakeholder in the publishing industry, hiring a publishing
Authors and publishers need to avoid claims that might make a publication defamatory. If a book is defamatory, it may lead to legal action being taken against the author and/or