Advice in Publishing Law
For Authors and Publishers
Publishing law is a specific area of copyright law
and media law, but it is of crucial importance to anyone whose
income is based on the creation and monetisation of literary or musical works. The primary focus is on the
rights and obligations that arise for authors and publishers from the transfer of exploitation rights to works.
For the author – nowadays usually
writers, journalists or composers – publishing law is intended to ensure secure and fair remuneration for their works.
For publishers,
on the other hand, it provides legal certainty so that investments and advance payments to authors can be recouped.
Key components of publishing law therefore include, above all, the publishing agreement
(author contract), but also related
matters such as translator agreements, editor contracts, distribution and marketing, and in Germany
in particular fixed book pricing. Publishing law
is structured in most areas in such a way that deviations can be agreed upon through separate contractual arrangements.
This allows authors considerable freedom in
granting exploitation rights and retaining control over the distribution of their own work.
An experienced publishing law lawyer can provide targeted advice to authors, particularly on issues
that may have long-term consequences,
such as non-compete clauses or option clauses that bind you closely to specific publishers or publication formats.
Lawyer Schreiber – Assistance in Publishing Law for Authors and Publishers
The Schreiber law firm in Munich / Neuhausen advises both authors and publishers in all matters relating to publishing law. We draft and review legally compliant author contracts in particular and assist in enforcing exploitation claims and protecting copyright.
You Can Rely on Us in Publishing Law
- Professional legal advice
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Contact us for an initial consultation – in person, by phone or via video call.
What Is Publishing Law?
Publishing law governs the legal relationships between authors and publishers as well as other legal issues relating to the publication and exploitation of works. One of the key statutory foundations is the German Publishing Act (Verlagsgesetz – VerlG). Under Section 1 VerlG, the author of a work undertakes to provide the publisher with the work for reproduction and distribution at the publisher's own expense. In return, the publisher undertakes to reproduce and distribute the work.
In practice, however, publishing law is not limited to the Publishing Act. Copyright law (Urheberrechtsgesetz – UrhG) also plays a particularly important role. It governs, among other things, the rights of authors, the various rights of use and the legal requirements for exploiting protected works. The German Copyright Act was last amended in May 2026.
A publishing law attorney must therefore regularly bring together several areas of law. A key issue is which rights the author has actually granted to the publisher and which forms of use are covered by those rights.
Publishing law covers, among other things:
- Drafting and reviewing publishing agreements
- Transfer of rights and rights of use
- Fees, royalties and revenue shares
- Contract terms and termination rights
- Subsidiary rights (e-books, audiobooks, translations)
Many provisions are based on the German Publishing Act (VerlG), which defines the legal framework for publishing agreements.
Publishing Law Attorney in Munich
A publishing law attorney in Munich advises authors and creators as well as publishers, editors and other companies in the media industry.
The interests of the parties involved can differ considerably. While an author may want to ensure that they do not grant more rights than necessary, a publisher needs clear and legally secure rights of use for the planned publication and marketing of the work. Typical publishing law services include:
- Reviewing and drafting publishing agreements
- Advising authors before signing a contract
- Reviewing author agreements
- Drafting agreements for editors and publishers
- Advising publishers and media companies
- Reviewing licensing agreements
- Advising on the granting of rights of use
- Advising on remuneration and royalty models
- Advising on e-books and digital publications
- Clarifying rights for translations
- Advising on audiobook and audio rights
- Advising on subsidiary rights
- Reviewing royalty statements and publisher accounts
- Enforcing copyright claims
- Defending against unjustified claims
- Advising in cases of breach of contract
- Representation in and out of court
Publishing Law and Copyright Law
Publishing law is closely connected to copyright law. Copyright law protects the work and the associated rights of the author. Publishing law, in particular, governs the contractual relationship between the author and the publisher as well as the publication and exploitation of the work.
In practice, this means that a publishing agreement should always be reviewed from a copyright law perspective as well.
For authors, for example, the key question is which rights of use they are granting and which rights they retain. For publishers, on the other hand, it is crucial to ensure that they have all the rights required for the intended use of the work. This can be particularly relevant for digital publications.
Author Remuneration
Another important area of publishing law is remuneration. Depending on the agreement, authors may receive a one-time payment, an advance or a share of the revenue. What matters is the basis on which the remuneration is calculated and how the accounting is carried out.
In the case of revenue sharing, the following questions may be relevant:
- On what basis is the remuneration calculated?
- Which sales figures are taken into account?
- How are returns and unsold copies treated?
- Which deductions does the publisher make?
- How are e-book revenues calculated?
- How are translation rights remunerated?
- How are subsidiary rights accounted for?
- When is the accounting provided?
- What rights to information and auditing are available?
Particularly in long-term contractual relationships, such provisions can have significant financial implications.
E-Books and Digital Publishing Rights
The traditional publishing business has changed significantly as a result of digitalization. In addition to printed books, e-books, digital databases, online platforms and other forms of electronic exploitation now play an important role.
This development raises new legal questions. A publishing agreement from a time when digital publications did not yet play a significant role may, for example, fail to clearly address today's forms of use. In such cases, a legal review may be necessary to determine which rights have actually been granted.
For new agreements, it is therefore equally important to clearly specify which forms of digital use are covered by the agreement.