For many writers, an offer from a small press feels like validation wrapped in a PDF. The language is friendlier than a Big Five contract. The editor seems accessible. The terms look “standard.” It’s tempting to skim, sign, and celebrate.
But publishing contracts aren’t celebratory documents. They are risk-allocation documents. They define who controls your work, for how long, under what conditions, and what escape hatches exist if things go sideways.
Small presses can be thoughtful, mission-driven, and deeply collaborative. But their contracts often borrow language from much larger publishers—without the infrastructure or longevity those provisions assume. That’s where writers get into trouble.
This checklist isn’t about distrust. It’s about clarity. Before you sign, slow down. Read deliberately. Ask questions. A few careful edits on the front end can prevent years of regret on the back end. If you need more explanation on these items, see my companion piece What Publishing Contracts Won’t Tell You (Especially Small Press Contracts).
Publisher Due Diligence
• ☐ Have you checked Writer Beware or similar sources for complaints?
• ☐ Do authors report timely royalty payments?
• ☐ Is the press financially stable and currently active?
Grant of Rights
• ☐ Are rights limited by language (ideally English only)?
• ☐ Are rights limited by territory (U.S./Canada vs. worldwide)?
• ☐ Are foreign and translation rights reserved or time-limited?
• ☐ Is there automatic renewal language you can remove?
• ☐ Are AI or “future technologies” included by default?
Contract Term and Reversion of Rights
• ☐ Is “in print” clearly defined?
• ☐ Does print-on-demand alone keep the book in print?
• ☐ Is there a sales or royalty floor that triggers reversion?
• ☐ Can you initiate reversion, or only the publisher?
• ☐ What happens to remainder copies after reversion?
Royalties and Accounting
• ☐ Are royalties based on net receipts clearly defined?
• ☐ Are royalty statements issued at least twice yearly?
• ☐ Is payment due at the time the statement is issued?
• ☐ Must the publisher correct any underpayment—not just material ones?
Remainders and Deep-Discount Sales
• ☐ What royalty applies to deep-discount sales?
• ☐ Does full remaindering trigger automatic reversion?
• ☐ Can you purchase remainders at cost?
Subsidiary Rights
• ☐ Are subsidiary rights clearly listed?
• ☐ Are author royalty splits aligned with industry norms?
• ☐ Is the publisher realistically capable of exploiting these rights?
Ebook, Electronic, and AI Rights
• ☐ Are electronic rights narrowly defined?
• ☐ Is the ebook royalty at least 25% of net?
• ☐ Does the contract address AI training or machine learning?
• ☐ If the contract is silent, are you comfortable with that silence?
Author Publicity, Promotion, and Marketing Rights
• ☐ Do you have a right of consultation or consent?
• ☐ Can the publisher use your name and likeness without limits?
Author Copies and Discount Provisions
• ☐ How many free copies do you receive?
• ☐ Can you purchase additional copies at a reasonable discount?
Proof Corrections and Author Revision Costs
• ☐ Are you liable for proof changes without limits?
• ☐ Are publisher or printer errors excluded from your liability?
Warranties and Indemnification Clauses
• ☐ Are indemnification obligations unlimited?
• ☐ Is there a cap on your liability?
• ☐ Do you control settlement approval?
• ☐ Are you covered by the publisher’s insurance?
Termination Rights and Bankruptcy Clauses
• ☐ Can you terminate for non-payment?
• ☐ Are royalty failures grounds for termination?
• ☐ Does termination preserve your right to unpaid royalties?
• ☐ Does the bankruptcy language actually protect you?
Additional Clauses to Consider Negotiating
• ☐ Advance against royalties
• ☐ AI training prohibition
• ☐ Right of first negotiation instead of broad future rights grants
No contract will be perfect. Publishing is a business built on optimism, and books are built on hope. But hope is not a legal strategy.
The goal isn’t to turn a small press deal into an adversarial negotiation. It’s to understand what you’re giving up, what you’re keeping, and what happens if the relationship doesn’t unfold as imagined. Professionalism protects relationships; vagueness strains them.
If this checklist raised questions, good. Questions create leverage.
My next post is a companion piece—How to Negotiate a Publishing Contract Without Killing the Deal. I’ll talk about how to raise those questions strategically—how to ask for changes without sounding combative, when to push, when to compromise, and how to protect your work while preserving the opportunity.
Stay tuned.
Photo Credit: Fedorussie | Pixabay
Legal Disclaimer: This information is provided for educational purposes only. Consult a qualified lawyer in your jurisdiction for all legal opinions for your specific situation.