Publishing Agreement Negotiation and Drafting Checklist: Grant of rights, subsidiary and moral rights, formats and territories, fees and royalty accounting, warranties/indemnities, termination, dispute resolution and execution

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Checklists

How to use this Checklist

This Checklist aims to flag common issues that emerge during the negotiation and drafting of a publishing agreement. For a model publishing agreement, see Precedent: Publishing agreement—pro-publisher. For more detail on matters raised in this Checklist, consult Practice Notes: Assigning intellectual property rights; Licensing intellectual property rights. Where appropriate, this Checklist can also act as the basis of a simple, non-binding heads of terms. For guidance on doing so, see Precedent: Heads of terms—commercial contracts. The third column can be used to capture observations or comments as the Checklist is completed.

Checklist schedule for proposed publishing agreement

Checklist Further information Notes (if any)

Parties

Verify each party’s legal status and consider whether any third parties (such as group affiliates) will benefit from the proposed agreement.

Commencement, duration and termination

Confirm the start or effective date.
Determine whether the agreement lasts for the full copyright term in the work or for a shorter period, and identify any notice periods.
Specify the scope of any early termination rights—for example, termination for cause only, or a right to terminate for: failure to publish, when the work becomes unavailable in the...

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Web page updated on 20/05/2026

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