Category Archives: Publishing Contracts

Non-compete Clauses

Although non-compete clauses have become common in non-fiction publishing, they are not appropriate in novel publishing agreements.  Unfortunately, I have too often seen sweeping non-compete terms in fiction agreements, especially with small and independent presses that “cut and paste” contract provisions from online samples.  In some circumstances, these non-compete provisions can unreasonably restrict your future … Continue reading Non-compete Clauses

Negotiating Without An Agent

Some small and independent publishers will refuse to negotiate an unagented publishing agreement, and first-time novelists often back down immediately, fearing the publishing offer will be withdrawn.  Other publishers may respond to a modification request by stating: “That’s a standard clause.”  The implication, of course, is that you’re too green to understand industry standards, and … Continue reading Negotiating Without An Agent

Bankruptcy Clauses In Publishing Agreements

Many publishing agreements include bankruptcy clauses to protect the author, for example:  In the event of the bankruptcy, insolvency or liquidation of the Publisher, this Agreement shall terminate and all rights granted to the Publisher shall revert to the Author automatically and without the necessity of any demand or notification. Sounds good. But is it  … Continue reading Bankruptcy Clauses In Publishing Agreements

Q: What Are Some “Tricky” Contract Clauses In Publishing Agreements?

A. By “tricky” you mean contract terms that may have unforeseen consequences for the author. That is a big topic, but here are some prominent examples: The Cross-collateralization Clause: “All Works covered by this Agreement or any other agreement between Publisher and Author shall be considered one account and shall be accounted for jointly or … Continue reading Q: What Are Some “Tricky” Contract Clauses In Publishing Agreements?

Amazon Revises Its Kindle Unlimited Contract

Early this summer, Amazon announced a major change to its payment structure for Kindle Unlimited. Because Amazon ultimately affects the sales of all writers, it’s important to understand the implications of the change and what, if any, effect it will have on your digital sales. Kindle Unlimited is a subscription service established by Amazon in … Continue reading Amazon Revises Its Kindle Unlimited Contract