Understanding the Most Common Clauses in Author Contracts
Whether you’re working with a publisher, an agent, or a freelance creative, contracts are a fundamental part of a professional writing career. Even indie authors who self-publish will encounter contracts in the form of terms of service for software, agreements with cover designers, and more.
Here are the most common clauses you’ll find in author contracts, what they mean, and what to watch out for.
1. Parties Involved
This clause identifies who is entering the contract, often called “Author” and “Publisher,” or “Client” and “Designer,” or a similar set of appropriate terms.
Ensure your legal name is used correctly and that you understand who the other party is (individual, company, etc.). If a company is involved, verify the specific entity.
2. Scope of Work or Services Provided
Describes exactly what is being provided under the contract—such as manuscript editing, cover design, or publishing services.
The more detailed, the better. Make sure all deliverables, deadlines, and expectations are spelled out. If timelines or revisions are important to you, clarify them here.
3. Duration or Term
Specifies how long the contract or the granted rights last.
In publishing, some contracts seek rights “for the life of copyright,” which can be many decades. If you prefer a shorter term, negotiate for limited duration or include reversion triggers (see Out of Print/Reversion below).
4. Payment Terms
Explains how and when you’ll be paid, including advances, royalties, or flat fees.
Check for clarity on payment amounts, schedules, and how royalties are calculated (gross vs. net receipts). Ask how returns or fees affect your payments, and clarify any ambiguous terms.
5. Termination
Outlines how either party can end the contract, and what happens if one party breaches the agreement.
Look for clear language about what constitutes a breach, how notice is given, and what payments or rights survive termination. Avoid vague terms like “mutually agreed upon,” which can cause disputes later.
6. Governing Law and Dispute Resolution
States which jurisdiction’s laws apply and how disputes will be resolved (e.g., mediation, arbitration, court).
If the law of a distant state or country applies, you may face challenges enforcing your rights. Also, understand whether you’re agreeing to binding arbitration or non-binding mediation.
7. Assignment
Specifies whether rights and obligations can be transferred to someone else.
If you want a specific person to perform the services (like a particular editor or designer), the contract should say the agreement is “not assignable.” Some companies may reserve the right to assign contracts, especially if they merge or sell their business.
8. Entire Agreement
Confirms that the written contract is the complete agreement, overriding any prior verbal discussions.
Anything important to you must be in writing—side conversations don’t count. If there are addendums or attachments, they should be clearly referenced in the main contract.
9. Confidentiality
Obligates one or both parties to keep certain information private.
Check what is considered confidential, how long confidentiality lasts, and what exceptions exist (e.g., after publication). Make sure terms are reasonable and won’t limit your ability to promote your work after publication.
Want to know more detail about each of these clauses, as well as what else to look for in your contracts?
10. Work Made for Hire & Moral Rights
A “Work Made for Hire” clause gives the client (often a publisher or business) full copyright in the work. A “Moral Rights” clause may ask the author to waive rights like attribution or integrity (preventing distortion of the work).
Understand whether you are giving up all rights to your work (common in ghostwriting or freelance arrangements). In publishing, ask why a moral rights waiver is needed, and whether it can be limited to specific uses.
11. Rights Granted & Exclusivity
Details which rights you are licensing or selling (print, ebook, audio, translation, subsidiary rights) and whether they are exclusive or non-exclusive.
The broader the grant, the less you retain. If the publisher isn’t planning to exploit all rights, try to retain those they don’t need. Make sure the territory (e.g., “worldwide” vs. “North America”) is clear.
12. Author Compensation & Royalties
Specifies advances, royalty rates, how royalties are calculated, and when payments are made.
Ensure you understand what “net receipts” means, and whether things like returns or distribution fees are deducted before your share is calculated. Ask for definitions if terms are unclear.
13. Editing and Final Approval
Outlines who has the final say on edits to your manuscript.
Some contracts give publishers broad rights to make changes without your input. Negotiate for at least the right to review major changes, or to consent to changes beyond copyediting.
14. Marketing and Promotion
Describes which party is responsible for what aspects of marketing and promotion.
Publishers rarely guarantee marketing spend. The contract may require you to participate in events or supply materials. Ensure expectations are reasonable and reflect your availability.
15. Representations and Warranties
You promise that the work is original, doesn’t infringe on others’ rights, and isn’t defamatory or unlawful.
Make sure you can reasonably comply. If your work is based on public domain or third-party material, disclose this and ensure the warranty language is accurate.
16. Out of Print & Rights Reversion
Explains when and how you can get your rights back if the publisher stops selling the book.
Some contracts say a book is “in print” as long as it’s available via print-on-demand, even if no copies sell. Try to define “out of print” as a minimum sales threshold over a set period.
17. Literary Agent Clauses
Covers the scope of the agent’s representation, their commission, expenses, and what rights they handle.
Check whether you are required to submit all new work to the agent, how expenses are approved and reported, and if you are responsible for foreign rights or co-agent fees.
18. Terms of Service/User Agreements
Found in software and web platforms, these state your rights and obligations when using a service.
These are rarely negotiable. Check what rights you retain in your content, whether the company can use your work, and any restrictions on commercial use.
Final Tips:
- Always read every contract carefully.
- Ask questions if you don’t understand any clauses.
- Get important clarifications in writing.
- If possible, have a lawyer or experienced agent review significant contracts.
Understanding these clauses will empower you to make informed decisions and protect your creative rights and business interests as an author.
