Establishing secure connection…Loading editor…Preparing document…

Author Publishing Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

AUTHOR PUBLISHING AGREEMENT

This Author Publishing Agreement ("Agreement") is entered into as of by and between Author: whose address is , and Publisher: whose address is .

RECITALS

WHEREAS, Author has created and owns the literary work entitled (the "Work"), and desires to have the Work published;

WHEREAS, Publisher is engaged in the business of publishing literary works and desires to obtain rights to publish and distribute the Work subject to the terms and conditions set forth herein;

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to the delivery, publication, exploitation, and protection of the Work.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. GRANT OF RIGHTS

1.1 Grant. Subject to the terms of this Agreement, Author hereby grants to Publisher the following rights in the Work: the sole and exclusive right to reproduce, publish, distribute, advertise, display, license and otherwise commercially exploit the Work in the formats and media set forth in this Section within the Territory during the Term. Author retains all rights not expressly granted herein.

1.2 Formats. The rights granted include the right to exploit the Work in the following formats (check all that apply):

1.3 Territory and Language. The rights granted are effective worldwide in the following territories and languages: Territory: Languages:

2. DELIVERY AND ACCEPTANCE

2.1 Delivery. Author shall deliver to Publisher a complete manuscript of the Work in a form acceptable to Publisher no later than .

2.2 Acceptance. Publisher shall have a period of sixty (60) days following delivery to review the manuscript and notify Author if Publisher reasonably rejects the manuscript. If Publisher does not provide a timely written rejection, the manuscript shall be deemed accepted.

3. PUBLICATION

3.1 Publication Commitment. Publisher agrees to publish the Work in the formats selected under Section 1 within months of acceptance, subject to reasonable production and marketing considerations.

3.2 Price and Edition. Publisher shall have sole discretion to determine the retail price, print runs, formats, and edition sizes. Publisher will use commercially reasonable efforts to promote and market the Work.

4. ADVANCE, ROYALTIES, AND ACCOUNTING

4.1 Advance. Publisher shall pay Author an advance against future royalties in the amount of upon execution of this Agreement, payable as follows:

4.2 Royalties. Publisher shall pay Author royalties at the following rates:

4.3 Accounting. Publisher shall render royalty statements and remit any amounts due within sixty (60) days after the end of each accounting period. Statements shall include quantities, gross receipts, returns, and deductions.

5. AUTHOR WARRANTIES, REPRESENTATIONS, AND INDEMNITY

5.1 Warranties. Author warrants and represents that Author is the sole owner of the Work, that the Work is original, that it does not infringe the rights of any third party, and that Author has full power to enter into this Agreement and grant the rights herein.

5.2 Indemnity. Author agrees to indemnify, defend, and hold Publisher harmless from and against any losses, liabilities, costs, damages, and expenses (including reasonable attorneys' fees) arising out of any breach of the foregoing warranties.

6. EDITING AND AUTHOR REVIEW

6.1 Editorial Revisions. Publisher shall have the right to edit the Work for length, clarity, style, and legal compliance. Substantive changes shall be submitted to Author for review, and Author shall provide any requested approvals within days of receipt; failure to respond shall constitute approval.

7. COPYRIGHT AND MORAL RIGHTS

7.1 Copyright Ownership. Copyright in the Work shall remain with Author. Author grants Publisher the licenses and rights set forth in Section 1 for the Term. Publisher shall include an appropriate copyright notice in published editions.

7.2 Moral Rights. To the extent permitted by law, Author waives any moral rights in the Work that would interfere with Publisher's ability to publish and market the Work as contemplated by this Agreement.

8. TERM, TERMINATION, AND REVERSION

8.1 Term. The Term of this Agreement shall commence on the Effective Date and continue for years, unless earlier terminated as provided herein.

8.2 Termination for Material Breach. Either party may terminate this Agreement upon thirty (30) days written notice if the other party materially breaches any obligation hereunder and fails to cure such breach within the notice period.

8.3 Reversion. Upon termination for Publisher's material breach or failure to publish within a reasonable time, rights granted to Publisher shall revert automatically to Author, subject to Publisher's obligations to account for and pay accrued royalties.

9. ACCOUNTING, AUDIT RIGHTS

9.1 Statements. Statements shall show gross sales, returns, allowances, net sales, units sold, and calculations of amounts due to Author.

9.2 Audit. Author shall have the right, once every years, upon reasonable notice during regular business hours and at Author's expense (unless a material underpayment is discovered), to inspect Publisher's records relevant to the Work.

10. CONFIDENTIALITY

10.1 Confidential Information. Each party shall keep confidential the nonpublic terms of this Agreement and any nonpublic business information disclosed by the other party, except as required by law or for the performance of this Agreement.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate in writing.

12. ASSIGNMENT

12.1 Assignment. Publisher may assign its rights under this Agreement to an affiliate or successor-in-interest upon notice to Author. Any other assignment by either party shall require the written consent of the other party, which shall not be unreasonably withheld.

13. AMENDMENTS; WAIVER

13.1 Amendments. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

13.2 Waiver. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other rights hereunder.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state specified below without regard to its conflicts of law rules.

15. ENTIRE AGREEMENT

This Agreement, including any exhibits and schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, oral or written.

16. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith a valid replacement provision.

17. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be effective as originals.

18. MISCELLANEOUS

18.1 Force Majeure. Neither party shall be liable for delays or failures in performance due to causes beyond its reasonable control, including acts of God, strikes, pandemics, or governmental action.

18.2 Independent Contractors. The parties are independent contractors and nothing in this Agreement shall create an employer-employee, agency, partnership, or joint venture relationship between the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

Author:

By:

Date:

Publisher:

By:

Date:

Enter text✕

What an Author Publishing Agreement Is and What It Covers

An Author Publishing Agreement is a written contract that allocates rights, responsibilities, and compensation between an author and a publisher for the creation, publication, distribution, and licensing of a manuscript. Typical clauses define the grant of rights (exclusive or nonexclusive), term and territory, delivery requirements, editorial control, royalties or advances, copyright ownership or assignment, warranties and indemnities, termination and reversion rights, and dispute resolution. The agreement sets expectations for manuscript delivery, production schedules, marketing obligations, accounting and royalty reporting, and any subsidiary rights such as translations, audio, or film options.

Why a Clear Agreement Matters for Authors and Publishers

A focused agreement reduces ambiguity about ownership, income, and timing, lowering the risk of disputes and enabling enforceable remedies. It supports rights management for licensing and secondary exploitation, and provides a clear basis for accounting and royalty audits under U.S. contract law and federal e-signature standards such as the ESIGN Act.

Why a Clear Agreement Matters for Authors and Publishers

Typical Parties and Professionals Involved

Multiple stakeholders — authors, publishers, and advisers — should review the agreement to align commercial and legal expectations before signing.

  • Self-published authors and independent publishers who control distribution and set royalty terms.
  • Traditional publishers, literary agents, and in-house legal teams negotiating rights and advances.
  • Freelance editors, rights managers, and marketing leads who coordinate delivery and promotion timelines.

Step-by-Step: Completing and Executing an Author Publishing Agreement

Follow these steps to prepare, review, and finalize the agreement with clear recordkeeping of each action.

  • 01
    Prepare Draft: Populate parties, manuscript, and commercial terms.
  • 02
    Review Terms: Legal counsel and agent verify rights and obligations.
  • 03
    Negotiate Changes: Track edits and agree on final language.
  • 04
    Sign and Archive: Execute with signatures, retain copies for compliance.

Typical Digital Workflow Settings for Online Completion

Configure your eSigning workflow to validate signer identity, enforce field completion, and archive executed copies automatically.

Field Configuration
Document Upload PDF or DOCX, flattened before signing
Assign Roles Author | Publisher | Agent role assignments
Authentication Email link, SMS code, or two-factor
Retention Auto-archive signed PDF with audit trail

How Electronic Signing and Delivery Typically Works

Electronic execution follows a straightforward sender-signature-archive sequence; ensure authentication and audit trails are enabled.

  • Upload Document: Sender uploads agreement and sets signing fields.
  • Add Signers: Enter signer emails and role order.
  • Authenticate: Use email link or stronger verification.
  • Complete & Archive: Signed copies and audit trail stored securely.

Technical Considerations for eSigning an Author Publishing Agreement

Ensure the chosen platform records IP, timestamps, and signer actions and supports secure storage and retrieval of executed agreements.

  • Supported Formats: PDF, DOCX
  • Integrations: NetSuite | Salesforce | Google Workspace
  • Security Layer: TLS in transit, AES-256 at rest

Core Contract Elements Every Author Publishing Agreement Should Include

A thorough agreement sets rights, payment terms, delivery obligations, and remedies so both parties know expectations and enforcement options.

Grant of Rights

Clearly state whether rights are exclusive or nonexclusive, the media and formats covered, sublicensing permissions, and any reserved rights retained by the author.

Term and Territory

Specify the duration of the grant, renewal conditions, and the geographic territory to avoid conflicting licenses or ambiguity in digital/global distribution.

Compensation

Detail advances, royalty rates by format, accounting frequency, audit rights, payment triggers, recoupment mechanics, and currency for payments.

Manuscript Delivery

List delivery format, acceptable file types, deadlines, editorial revision process, and consequences for late or rejected manuscripts.

Warranties and Indemnities

Author warrants originality and authority to grant rights; publisher warrants permitted use and indemnifies against infringement claims where appropriate.

Termination and Reversion

Set termination events, cure periods, and how rights revert to the author, including notice and delivery of remaining inventory or files.

Security and Compliance Considerations for Electronic Agreements

Encryption: TLS 1.2/1.3; AES-256
Audit Trail: Timestamps, IP, activity log
Regulatory Compliance: ESIGN and UETA compliant
HIPAA Options: BAA available if needed
Certifications: SOC 2 Type II; ISO 27001
Accessibility: WCAG 2.0 Level AA

Common Legal Risks and Consequences of Errors

Loss of Rights: Overbroad assignment can permanently transfer copyright.
Payment Disputes: Unclear royalty language leads to accounting disputes.
Breach Damages: Missed deadlines may trigger termination or damages.
Invalid Signature: Improper e-sign process could impair enforceability.
Indemnity Exposure: False warranties expose the author to claims.
Tax Withholding: Incorrect payee TINs can trigger withholding obligations.

Frequent Preparation Mistakes to Avoid

  • Failing to define precisely which rights are licensed, leading to later disputes about foreign, audio, or subsidiary rights.
  • Using vague compensation terms without specifying formats, thresholds, or recoupment, which complicates royalty accounting and audits.
  • Not stating clear delivery requirements and acceptance criteria, causing delays in production and potential breach claims.
  • Omitting signature authority verification for corporate signers, which can invalidate the agreement or create enforceability issues.

Key Dates and Deadlines Commonly Included in the Agreement

Set and track contract dates clearly to manage delivery, production, payments, and reversion triggers.

Effective Date:

Date parties agreed; governs timing for obligations.

Manuscript Delivery Deadline:

When author must deliver final manuscript to publisher.

Publication Date:

Scheduled date for first public release.

Royalty Payment Dates:

Periodic dates for royalty accounting and payment.

Reversion Trigger Date:

Date when rights may revert after breach or nonuse.

Typical Milestones from Offer to Publication

Use a milestone sequence to coordinate parties and track approval, production, and distribution stages.

01

Offer and Acceptance

Agreement signed to lock terms and advance obligations.

02

Manuscript Delivery

Author submits final manuscript for editorial review.

03

Production and Proofing

Publisher handles typesetting, proofs, and final approval.

04

Publication and Distribution

Title is released and royalties begin to accrue.

eSignature Vendor Pricing Comparison for Agreement Execution

Compare common eSignature vendors by starting price, trial availability, bulk-send, audit trail, HIPAA support, and envelope limits to inform platform selection.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Use-Case Examples for Author Publishing Agreements

Realistic scenarios show how contract clauses function in practice and where careful drafting prevents disputes.

Independent Author Agreement

An indie author licenses ebook and print rights to a small press for a five-year exclusive term

  • Advance paid at signing; royalties calculated quarterly
  • Clear reversion language returns all rights to the author after a defined out-of-print period to enable self-publishing if sales decline.

University Press Contract

A faculty member grants nonexclusive rights for a textbook with limited print run

  • Publisher handles peer review and editorial corrections
  • The contract includes academic citation standards, a royalty schedule tied to net receipts, and explicit rights for revised editions.

Frequently Asked Questions About Author Publishing Agreements

Answers to common legal and practical questions authors and publishers ask when preparing or signing an agreement.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users