Ten Questions to Ask Before Signing a Publishing Contract

Last updated: October 18, 2026

Before signing a publishing contract, ask which rights you are licensing, for how long, what you will be paid, what the publisher must do, and how you can get your rights back. Publishing contracts can affect your book for decades. Reading them carefully, asking questions and getting independent advice from a literary agent or a lawyer who knows publishing are some of the most important things you can do as an author.

This article is general information, not legal advice. Contract terms vary widely. Have any contract reviewed by a qualified professional before you sign.

Key takeaways

• A publishing contract is usually a license of specific rights, not a sale of your book.
• Pay close attention to rights, term, payment and reversion.
• A strong out-of-print clause is how you get your rights back if the book stops selling.
• Organizations like the Authors Guild offer contract guidance and review for members.

The ten questions

1. Which rights are being licensed?

Contracts can include print, ebook, audio, translation, film and TV, serial and other rights. Ask which ones the publisher is taking and whether it will actually use them. Keeping rights the publisher will not exploit, such as film or foreign rights, can let you or your agent sell them separately.

2. In which territories and languages?

World rights cover every country. North American or US rights are narrower. If the publisher takes world rights, ask how it plans to sell them abroad.

3. How long does the agreement last?

Many traditional contracts last for the full term of copyright unless rights revert. Others are for a fixed number of years. Know which you are signing.

4. What advance is offered, and how is it paid?

Advances are often paid in installments, such as on signing, on delivery and on publication. Check the schedule and whether any part depends on the publisher accepting the manuscript.

5. What are the royalty rates?

Rates differ by format and may rise after certain sales thresholds. Literary agent Rachelle Gardner gives hypothetical examples such as 10% to 15% of cover price for hardcovers, 6.5% to 7.5% for trade paperbacks and 25% for ebooks, while stressing that numbers vary across the industry (Gardner, 2010). Also check whether royalties are calculated on list price or net receipts. See book royalties explained.

6. Are there any fees for the author?

A traditional publisher should not charge you to publish. If a contract asks you to pay for editing, design, printing or marketing, it is a paid publishing service, and you should evaluate it as one. See our publishing services checklist.

7. What must the publisher do, and by when?

Look for a publication deadline, such as within 18 to 24 months of accepting the manuscript, and what happens if the publisher misses it.

8. What creative input do you have?

Check consultation or approval rights for the title, cover and edits. Approval is rare, consultation is more common.

9. Is there an option or non-compete clause?

An option clause gives the publisher the first look at your next book. A non-compete clause may limit what else you can publish. Both should be narrow and clearly defined.

10. How can rights be reverted?

This is one of the most important clauses. The Authors Guild recommends defining out of print by measurable sales or royalty thresholds rather than simply whether a book is technically available, since ebooks and print on demand can keep a book available indefinitely. It notes that reversion clauses often allow authors to request rights back after a set number of years, usually through written notice, and that the publisher typically has a set period to respond (Authors Guild, 2025).

What else should you check?

• Accounting: how often royalty statements are issued and whether you can audit them.
• Warranties and indemnities: what you promise and what you are liable for.
• Termination: how either side can end the contract.
• Bankruptcy: what happens to your rights if the publisher fails.

Where can you get help?

• A literary agent, if you have one, negotiates contracts as part of their role.
• A lawyer who specializes in publishing.
• Author organizations such as the Authors Guild, which offer contract resources and reviews for members.

Still deciding your route? See traditional publishing vs. self-publishing. If you want to talk through your publishing options in general, an Editorial Advice Session can help, though contract interpretation should always go to a qualified professional. Or book a free consultation.

References

Authors Guild. (2025, December 4). Rights reversion: The importance of negotiating and exercising out-of-print clauses. https://authorsguild.org/resource/rights-reversion-negotiating-and-exercising-out-of-print-clauses/

Gardner, R. (2010, December 1). Royalty rates. Rachelle Gardner. https://rachellegardner.com/royalty-rates/