Publishing contract: key legal aspects for authors and publishers

24 November, 2025
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Intellectual property
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Lucas Charnet

!Publicación libro I contrato editorial

In the publishing world, having a clear and well-structured publishing contract is essential to protect the interests of both author and publisher. A poorly drafted or incomplete contract can create legal, economic and even reputational problems in the medium and long term. That is why more and more authors and publishers seek the support of a lawyer specialised in publishing contracts to help them review, negotiate and adapt these agreements to the reality of the sector.

Understanding the legal keys of the publishing contract helps prevent disputes, provides security in the relationship between author and publisher and ensures that the exploitation of the work takes place on balanced terms. In this article, we review, with a practical and legal approach, the fundamental aspects of the publishing contract and explain why legal review and advice have become essential today for both authors and publishers.

Definition and legal framework of the publishing contract

A publishing contract is the agreement by which the author grants the publisher certain economic exploitation rights over their work so that it can be commercialised, in exchange for remuneration. It is not, therefore, a transfer of ownership of the work, but a limited assignment of rights which must be carefully defined: which rights are assigned, for how long, in which territories and under what conditions.

In Spain, this type of contract is regulated in Articles 58 to 73 of the Spanish Intellectual Property Act (Ley de Propiedad Intelectual, “LPI”), which lay down the basic conditions of validity and define the parties’ rights and obligations. Article 58 LPI requires that the publishing contract be in writing and that it include, at a minimum, certain essential terms, such as identification of the work, the forms of exploitation, duration of the assignment, the author’s remuneration and the territorial scope of the rights being assigned.

It is important to remember that the author always retains their moral rights over the work, including the right to be recognised as the author and the right to the integrity of the work. These rights cannot be assigned, even if the contract seems to suggest otherwise. What is transferred to the publisher are the exploitation rights (reproduction, distribution, communication to the public, transformation, as applicable), and always only within the limits expressly agreed in the contract.

To learn more about the difference between moral rights and economic exploitation rights, you can consult the specific article on our blog dealing with this issue:

And if you would like a more practical and detailed explanation of the basics of the publishing contract, we recommend episode #21 – “Las 5 claves del Contrato Editorial y cómo proteger una obra literaria” of our podcast Autores con Derechos, available at:

Minimum content, essential clauses and common mistakes in publishing contracts

For a publishing contract to be more than just a generic template, it must include the minimum content required by the Spanish Intellectual Property Act and, in addition, a series of practical provisions which experience has shown to be essential. Only then can we achieve a real balance between the parties and reduce the risk of conflict.

First, the contract must clearly identify the work which is the subject-matter of the assignment, stating its title, genre and main characteristics. A generic assignment of “all present and future works” by the author with no further definition is not compliant with the LPI. The assignment should refer to existing works or, where applicable, to future works clearly defined and commissioned under specific conditions. Proper identification avoids confusion when the author has several manuscripts or versions and makes catalogue management easier for the publisher.

Another basic element is the duration of the assignment. If no term is specified, the LPI sets a default period of five years, but in practice different durations are agreed depending on the type of work, the exploitation plan and the level of risk assumed. An excessively long term may block the work if exploitation does not perform as expected; one that is too short may discourage the publisher’s investment. It is therefore important that the term be adapted to the reality of the project and, where appropriate, be accompanied by reversion mechanisms allowing rights to revert to the author in cases such as failure to publish, unjustified withdrawal from the market or serious breaches of contract.

Exclusivity is another key pillar. It is not enough simply to state that the assignment is “exclusive” or “non-exclusive”; it is necessary to specify what that exclusivity actually means in terms of territory, language and format. The contract should clarify whether the publisher has rights only in one country or in several, whether it can exploit the work only in its original language or also in translation, and whether the assignment covers the print edition, the e-book, the audiobook or all of these formats. Equally important is determining whether the contract includes adaptation rights to other media such as film, television, theatre or digital platforms, or whether these are reserved to the author or their agency. These issues are often dealt with in a hurry, but they become decisive when, for example, a production company takes an interest in adapting a novel for the screen. In episode #51 – “De un libro al cine: protege tus derechos y evita trampas contractuales en adaptaciones y traducciones” of our podcast Autores con Derechos, we look precisely at how to handle these situations so as not to leave loose ends in the publishing contract:

It is also essential to define the territorial and linguistic scope of exploitation. Agreeing rights for a single State is not the same as granting rights “for the whole world”, and granting rights only in Spanish is not the same as granting them “in all present and future languages”. In bilingual or multilingual environments such as Catalonia, it is particularly important to determine in which languages the work will be exploited, who will manage translations and under what conditions assignments to third-party foreign publishers will be negotiated. Lack of precision in this area is one of the most common mistakes and triggers conflicts when opportunities arise in other markets.

The financial section also deserves detailed regulation. The contract should specify whether the author will receive only royalties, a fixed fee or a mixed scheme of advance plus royalties. In practice, it is often not made clear that the advance is paid precisely on account of royalties, meaning that the writer will not start to receive additional royalty payments until sales have reached a certain volume that “covers” that initial advance. If this is not clearly explained, expectations may be very different from what the contract actually provides. In addition, a poorly designed royalty scheme or an opaque calculation base (for example, not making clear whether the percentage is applied on the retail price or the net invoiced price) can significantly affect the profitability of the work for both author and publisher.

From a practical standpoint, it is important not to forget other clauses which, while not strictly part of the statutory minimum, are nevertheless essential: the author’s right of review over substantial modifications to the text; the publisher’s promotion and marketing obligations; the policy on print runs and reprints; and specific treatment of digital formats such as e-books, audiobooks or licensing to platforms. Experience shows that many contracts still have not been updated to this digital reality, which later forces the parties to renegotiate conditions or sign unclear addenda, increasing legal uncertainty.

To sum up, many of the most common errors —lack of precision regarding translations and adaptations, ambiguity about territory and language, misunderstanding of how the advance operates or failure to regulate digital formats— can be avoided through prior legal review and properly drafted model contracts. In this way, authors, agents and publishers can be confident that the publishing contract complies with the LPI and genuinely caters to the real needs of exploiting the work.

The importance of legal advice and the major challenge for publishers

Proper management of publishing contracts is key to protecting the rights of all parties and providing legal certainty to the publishing project. Standard templates are not enough: each work and each catalogue require a tailored approach. Having a lawyer specialised in publishing contracts makes it possible to adapt contract models to the LPI and to sector practice, reducing errors, overlapping rights and disputes. Combining well-drafted contracts with efficient document management —supported, where necessary, by software tools— benefits both the author signing their first contract and the publisher managing a large catalogue.

Conclusions

A well-crafted publishing contract is not a mere formality: it is the foundation for the relationship between author and publisher to develop in an atmosphere of trust, transparency and legal certainty. Understanding the legal framework, clearly defining the minimum content, incorporating essential clauses, avoiding common mistakes and taking care over contract management are all necessary steps to protect the work and fully exploit its potential on balanced terms.

At MES Advocats we offer comprehensive, specialised advice on the drafting, review and negotiation of publishing contracts, for authors, publishers and literary agents alike. Our experience in intellectual property and the cultural sector enables us to provide personalised, agile and effective solutions.

If you need a lawyer specialised in publishing contracts to review your agreement, help you design contract models for your publishing house or advise you on the management of your copyright, we will be pleased to assist. You can contact us to resolve any questions or request a no-obligation quote.

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