Writing and Publishing Agreements and Letters
Writing and publishing projects often involve a mix of copyright ownership, licensing, assignments, moral rights and commercial publishing arrangements.
These writing and publishing agreement templates and letters are designed to help authors, publishers and others involved in the publishing process manage contracts and rights more clearly.
Publishing contracts and author rights
The documents support a range of publishing projects, from short-run booklets to larger publishing arrangements involving hardback, paperback or e-book publication.
They help users deal with key rights-management issues that can arise when written works are commissioned, published or commercially exploited.
Moral rights letters for published works
The letters include documents for asserting the right to be identified as author and for waiving moral rights, including where personal representatives are involved.
Writing and Publishing Agreements and Letters is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
I'm an author about to sign with a publisher. What should the contract cover? +
A publishing agreement should set out the rights you grant and whether they are assigned or licensed, the formats and territories covered, such as hardback, paperback and e-book, the advance and royalty terms and how rights come back to you if the work goes out of print. It should also deal with your moral rights. Because you can grant or transfer valuable rights, be clear about exactly what the publisher gets and for how long.
What are moral rights and do I need to assert them? +
Moral rights are personal rights of an author, mainly the right to be identified as the author of the work and the right to object to derogatory treatment of it. The right to be identified must be asserted before it can be enforced, often by a statement in the contract or a signed written notice. These rights are separate from ownership of the copyright, so you can keep them even where you assign the copyright, unless you waive them.
If I write something on commission, who owns the copyright? +
By default you, the author, own the copyright even though you were paid to create the work. The commissioner only gets ownership if you assign it to them in writing, signed by you. Without that, they may have just a licence to use the work for the commissioned purpose. Publishing and commissioning deals therefore usually include a clear assignment or an exclusive licence, so check which one you are agreeing to.
What is the difference between assigning and licensing publishing rights? +
An assignment transfers ownership of the copyright to the publisher, so they own it. A licence lets the publisher publish on agreed terms while you keep ownership, and it can be exclusive or non-exclusive and limited by format, territory or time. Licensing keeps more control and future value with you, while an assignment gives the publisher the fullest rights. Which is appropriate depends on the deal, so make sure the contract says clearly which it is.
The publisher wants me to waive my moral rights. How is that done? +
Moral rights can be waived, but the waiver must be in writing and signed by the author giving up the right. A waiver can be general or limited to particular acts, and can be made subject to conditions. This sub-folder includes moral rights letters both for asserting the right to be identified and for waiving moral rights, including where personal representatives are involved. Read carefully what you are waiving before you sign.
