Before You Sign a Publishing Contract: What Authors Should Check

The author has a finished memoir and an agreement waiting in her inbox. She reads the first page, recognises the book title, sees a royalty percentage and feels relieved. Then a friend asks a simple question: “Can you still publish an audiobook yourself?”

She searches the document. The word *audio* appears in a paragraph granting the publisher rights in “all formats”, but nothing says whether an audiobook will actually be produced. Signing now could settle a decision she did not realise she was making.

A publishing agreement is where hopeful conversations become enforceable responsibilities. It should explain what the publisher may do with the book, what the author must provide, what each party will pay, and how the arrangement ends. Do not judge it only by whether the royalty percentage looks generous.

This is general publishing information, not an interpretation of anyone’s individual agreement. If a clause has significant legal or financial consequences, have an appropriately qualified independent adviser review the actual document.

Work out what kind of agreement you have received

“Publishing contract” can describe more than one arrangement. A publisher might take on production costs and license specified rights to publish and sell the book. An author might pay a company for appraisal, editing, design and printing. A project can also combine author contributions with publisher investment and shared sales responsibilities.

Ask the most basic question first: **Who is paying for which work, and what rights are granted in return?** A company charging for services should say precisely what it will deliver. A publisher taking rights should say how it intends to exercise them and account for revenue. Some projects involve both sets of questions.

Sotrane’s book publishing page describes a coordinated service and a written agreement setting out responsibilities, costs, royalty rate and timelines. Do not assume the general description replaces the terms of your own proposed contract.

A title on the front page is not enough. Read the definitions and schedules too. An attractive summary can be narrowed or altered by a later clause, attachment or phrase such as “subject to the publisher’s discretion”.

List every right the agreement covers

Copyright ownership, permission to publish and authorship are related but different matters. A publisher may receive a licence to produce and sell particular editions without becoming the author. Another agreement may ask for a wider transfer. The exact words matter.

Make a plain-language list of the formats covered: paperback, hardcover, eBook, audiobook, translation, adaptation, extracts or other uses. Then mark the languages, territories and duration.

An author of a Zambian history book might want a publisher to distribute an English paperback in Zambia while retaining the possibility of a future Bemba translation. If the agreement grants exclusive rights in every language and territory without a clear plan for those editions, the author should ask why they are included and what happens if they are never used. A broad grant may be justified in some deals; the author should understand the value being offered for it.

Ask whether the publisher may license rights to another company and how the author shares in proceeds. If you have already published part of the manuscript elsewhere or promised an organisation the right to use an extract, disclose that before signing so the agreement reflects reality.

The World Intellectual Property Organization’s publishing-contract toolkit is a useful starting point for understanding different contractual options. It does not decide what your particular agreement means.

Read the royalty calculation, not just the percentage

Suppose two agreements both promise an author 10 per cent. In one, that percentage is calculated on the stated retail price of a sold copy. In the other, it is calculated on the amount the publisher actually receives after selling through a retailer. The payment per book may differ substantially.

For a purely illustrative example, assume a book has a retail price of K200. Ten per cent of that price is K20. If a retailer arrangement means the publisher receives K120, ten per cent of that receipt is K12. Those are arithmetic examples, not Sotrane rates or a statement that either method is standard in Zambia.

Check which sales count. What happens with discounted copies, bulk orders, eBooks, returns or damaged stock? Are complimentary and author copies excluded? If there is an advance or a cost to recover before royalties are paid, find out how the recovery works. Ask when statements are issued, what information they contain and when payment follows.

Do not calculate expected income by multiplying the print run by the royalty. Books printed are not necessarily books sold. If a statement shows fewer sales than you expected, the contract should give you a way to ask for an explanation and reconcile the records.

Put every author payment and deliverable on one page

If the author contributes money, write down the full amount and the milestones at which each payment becomes due. What happens if editing reveals that the manuscript needs more work than expected? Who approves an additional charge? Can a printing specification change without a revised quotation?

A first-time author may believe a package includes 300 printed books when it includes print-ready files and a separate quote for physical copies. Another may expect the original cover files, only to discover that the agreement provides a final PDF but says nothing about the editable design. Neither misunderstanding needs an argument later if the deliverables are stated now.

Confirm what is included for manuscript assessment, editorial rounds, proofreading, cover concepts, interior layout, proof copies, final formats and print quantity. Clarify who owns or may use the design and production files. Ask who pays for image permissions and any third-party material.

Do not rely on a WhatsApp conversation to correct a different written term. Ask for the agreed change to be recorded in the contract or an agreed written addendum before signing.

Find the actual publication commitment

A contract may describe the author’s deadlines in detail and say very little about when the book will appear. Look for a timetable for manuscript delivery, editorial review, proofs, final approval, production and release. Some dates depend on both parties: an author who takes three months to return a proof will change the schedule.

Ask what happens if publication is delayed for reasons beyond those agreed, or if the project does not proceed. Which payments are refundable, if any? Which rights return to the author? Who keeps the files and any completed work? An arrangement is easier to manage when it addresses a failed or delayed project before either party is disappointed.

Do not accept an exact launch date merely because it sounds reassuring. A workable timeline should account for the state of the manuscript and the approvals required. Sotrane’s publishing process identifies the decisions between proposal, appraisal, agreement, proof and production; a particular contract should tell you how those responsibilities apply to your book.

Define sales and marketing promises

“Marketing support” is too vague to measure. Does it mean a bookshop listing, a launch plan, social-media posts, outreach to schools, a particular campaign budget, or something else? Who supplies images and author material? Who responds to buyers and arranges delivery outside Lusaka?

An author of a workbook may care most about whether schools can order copies consistently. A novelist may need a clear online purchasing route. An organisation producing a commemorative history may plan to distribute most copies itself. Their agreements should reflect those different routes to readers.

Be careful with promises of guaranteed sales. A contract can set out activities, reporting and responsibilities; it cannot make strangers buy a book. Ask what will actually be done and which costs are included rather than accepting “we will promote it widely” as a complete plan.

Understand how the arrangement ends

Few authors enjoy reading the termination section when a publishing project is just beginning. Read it anyway.

What events allow either party to end the agreement? Must someone first give notice and a chance to correct a problem? What happens to printed stock, outstanding invoices, money already earned and rights to publish future editions? If the book becomes unavailable or sells very little, is there a process for the author to request rights back?

The phrase “in print” may need careful attention. An eBook listing can remain online for years even when little active publishing work is being done. The contract should make clear what circumstances permit rights to return and what steps the parties must take. The relevant answer depends on the wording and governing law, so obtain independent advice where needed.

Also check how disagreements are raised and resolved. A professional relationship benefits from a practical way to correct records or address missed obligations before a dispute becomes expensive.

Take the document away and ask the awkward questions

You are allowed to read a proposed contract slowly. Ask for a complete copy with all schedules. Mark any word you cannot explain in ordinary language. Make your own list of the rights granted, payments due, work promised, reporting dates and exit conditions. Then compare that list with what you believed had been discussed.

For example, if you expect to sell copies at speaking events, check whether the contract lets you obtain author copies, at what price and on what terms. If you want your church to distribute a special edition, check whether the granted rights allow that. If you hope to translate the book later, find the language clause now.

A question is not an accusation. Clear answers protect both the author and the publisher from building two different projects under one signature. If an important point is still unclear, resolve it in the written agreement and seek qualified independent advice before committing.

The right time to understand what your publishing contract says is while both parties are still free to discuss it.

**Which clause did you find most difficult to understand when you first saw a publishing agreement?**