Your Words. Your Rights. Your Story.
Whether you are negotiating a deal with a major publishing house or self-publishing your debut novel, the legal decisions you make today will define the lifespan of your work.
Understanding Your Rights From Manuscript to Marketplace
The publishing landscape has shifted dramatically. Authors today have more paths to the reader than ever before—Traditional, Hybrid, and Self-Publishing—but each path comes with its own legal minefield.
At Saffold Law, we represent fiction and non-fiction authors, journalists, ghostwriters, and independent publishers. We understand that a book is often just the beginning of a franchise. Our goal is to ensure you retain the rights to exploit your work across all formats—from print and audio to film and television.
The "Grant of Rights" Trap
The most critical clause in any publishing contract is the Grant of Rights. Publishers often ask for everything—including audiobooks, foreign translations, and even “future technologies”—for the life of copyright (which is your life plus 70 years).
If you sign this away, you lose control forever.
We fight to limit this grant:
Territory
Keeping rights for foreign markets so you can sell them separately.
Format
Retaining dramatic rights (Film/TV) and audio rights.
Duration
Ensuring rights revert to you if the publisher stops actively selling the book.
The Danger of "Cross-Collateralization" (Basket Accounting)
If you sign a multi-book deal, beware of Cross-Collateralization. This allows the publisher to use the profits from your hit book to cover the losses of your other books before paying you a dime in royalties.
Essentially, one failure can freeze your income indefinitely. We negotiate to uncross these accounts, ensuring that each book stands on its own financial feet so you get paid for your success.
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Comprehensive Literary Legal Services
We guide you through the lifecycle of a literary work.
1. Traditional Publishing Agreements
The standard publishing contract is heavily weighted in favor of the publisher. We negotiate:
- Advances: Ensuring payout triggers are fair (e.g., on signing vs. on publication).
- Royalties: Fighting for escalators (higher rates as you sell more copies).
- Subsidiary Rights: Ensuring you get a fair split (usually 50% or higher) if the publisher licenses your work.
2. Literary Agency Contracts
Your agent is your business partner, but you need a clear agreement. We review agency contracts to define commission caps, expense deductions, and termination rights to ensure you aren’t tied to an agent who isn’t performing.
3. Self-Publishing & Hybrid Distribution
For independent authors, we advise on:
- Distribution Agreements: Terms with platforms like Amazon KDP, IngramSpark, and Audible.
- Service Contracts: Agreements with editors, cover designers, and publicists to ensure you own the final product (Work for Hire).
4. Book-to-Screen (Option Agreements)
If a producer wants to turn your book into a movie or series, you need an entertainment lawyer. We negotiate Option & Purchase Agreements to ensure you get paid an upfront option fee, a purchase price upon production, and backend royalties if the show becomes a hit.
5. Pre-Publication Review (Vetting)
For non-fiction, memoirs, and investigative journalism, the risk of a lawsuit is real. We conduct legal vetting of manuscripts to identify and mitigate risks related to:
- Defamation (Libel): Ensuring your statements are defensible.
- Invasion of Privacy: Protecting you from claims by private individuals.
- Right of Publicity: Using names and likenesses legally.
What We Fight For
We look beyond the advance check to protect your long-term career:
- Reversion of Rights: The ability to get your book back if it goes “out of print” (and defining “out of print” strictly so eBooks don’t count).
- Approval Rights: Giving you a say in the cover design and title.
- Next Book Option: Ensuring the publisher doesn’t have an automatic lock on your next work on bad terms.
- Net Receipts Definition: Narrowing the definition so the publisher can’t deduct “overhead” costs from your royalties.
How We Build Your Strategy
We treat your book as intellectual property that needs a business plan.
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1. The Audit
If you are an established author, we review your royalty statements. Publishers make mistakes, and often underpay royalties on digital sales or foreign rights.
2. The Structure
We help set up an LLC for your writing income to protect your personal assets and optimize your taxes.
3. The Protection
We register your copyright with the U.S. Copyright Office immediately, providing you with statutory damages protection if someone pirates your book.
Own Your Narrative.
Don’t let a bad contract silence your voice or steal your profits. Contact Saffold Law to ensure your literary legacy is secure.