A publishing contract is an agreement whereby an author grants a publisher the right to publish and distribute their book in exchange for a percentage of sales. In Romania, it is governed by Law 8/1996. What follows is not the text of the law—it explains what the clauses mean in practice and which of them are negotiable.

If you've ever searched for this topic, you already know the problem: the top results are the law, ORDA, and lawyers' forums. They all tell you what is a publishing contract. None of them tell you what to do with the one on the table.

I'm writing this because I'm in a rare situation: I don't have a publishing house. I don't stand to gain anything whether you choose a traditional publisher—one that charges the author—or whether you self-publish. Which means I can also tell you the part that nobody wants to hear.

I'm not a lawyer. What you're reading here is based on my editorial experience, not legal advice. For a specific contract involving a significant amount of money, pay for an hour with a lawyer who specializes in intellectual property. It's the cheapest insurance you can get for the entire process.

What the Law Says and What Happens in Practice

Law 8/1996 grants you more rights than most authors realize. The publishing contract must specify the term, territory, print run, and compensation. If any of these are missing, the clause is subject to challenge.

In practice, almost no one ever gets that far. The author receives a four-page document, is happy to have been accepted, and signs it. The publisher has no ill intent—it simply sends you its standard contract, which is drafted in its own favor, as is to be expected.

The difference between an author who negotiates and one who doesn't isn't courage. It's that the former knows which clauses are standard and which are debatable. The rest of the article is about that.

Exclusivity: What You Can No Longer Do After You Sign

Exclusivity means that, for the duration of the contract, only that publisher can publish that book. That’s normal and to be expected. The problem arises when the exclusivity clause is broader in scope than the book itself.

Check whether the text refers to opera or at author. There are contracts that grant the right of first refusal on your next books, sometimes for years. That's not a publishing clause—it's an option on your career.

• Standard: Exclusivity regarding the book, a specific language, a specific territory, and a clearly defined period.
• Negotiable: the right of first refusal on future books.
• Do not sign: perpetual exclusivity, or exclusivity covering „all of the author’s works.”.

Royalty Rate: What's Realistic in Romania

This is where the most common misunderstanding lies, and it's not about the number. It's about What is the figure based on?.

A percentage applied to the cover price and the same percentage applied to the publisher’s net proceeds are two completely different amounts—usually two to three times different, because the distributor takes the lion’s share. A percentage that sounds generous when based on „net proceeds” may actually be worse than a modest one based on the cover price.

The question to ask, in exactly this form: „If a print run of 1,000 copies sells out completely at the contract price, how much will I receive in lei?” If the answer is delayed or becomes complicated, you’ve found out what you wanted to know.

Check out when Is it paid out? Annually, semiannually, or when inventory is liquidated? A high percentage paid out over two years is worse than an average one paid out quarterly.

Translation and Audio Rights: The Forgotten Side

Many contracts grant, in a single sentence, the rights for all languages and all formats—including audio and adaptations. The publisher requests them because it’s simpler that way, not necessarily because it will use them.

And that's the problem. If the publisher owns the translation rights and does nothing with them, your book can't be published in another language even if you find a foreign publisher on your own.

What you're asking for: Either you retain the translation rights, or you agree to transfer them with a reversion clause—if no translation contract has been signed within two years, the rights automatically revert to you. It’s a reasonable request and one that’s rarely refused, because it costs nothing for a publisher that actually intends to use them.

If you're thinking about the international market, I've written about We work on clauses like these in Author Lab.

For how long do you transfer your rights, and how do you reclaim them?

The term is the clause that almost no one reads, and it's the one that hurts the most five years down the road.

What must definitely be there is a reversion clause: the conditions under which your rights revert to you. The standard wording is that if the publisher no longer has the book in stock and does not reprint it within a specified period following your written request, the contract terminates.

Without this clause, you could end up in the absurd situation where your book is no longer available anywhere, but you’re not allowed to republish it either.

What happens to the inventory, the price, and the cover?

Three small things that cause the most real conflicts:

• Cover Price It's usually set by the publisher. At the very least, ask to be consulted, especially if you're also selling the book directly.
• Your copies. How many do you get for free, and at what price can you buy additional copies? If you’re selling at events, the author’s discount is a major financial consideration—not just a minor detail.
• The cover and the title. Who decides? Do you have the right to veto? It’s the most common source of dissatisfaction of all, and it can be resolved with a single sentence in the contract.
• Remaining stock. What happens if the publishing house goes out of business? Do you have the right of first refusal at cost?

When You DON'T Need a Publishing House

The part that nobody writes about, because everyone who writes about this topic is selling something.

A publishing house offers you three things: distribution to bookstores, a form of validation, and production infrastructure. If none of these three matter for your book, the contract takes a percentage of your earnings without giving you anything in return.

Specifically, you don't need a publishing house if:

• You sell the book mainly to your own audience, at events, or directly to customers
• A book is a business tool, not a product for the shelf
• You need control over the pace, price, and edition
• You want to reprint whenever you decide, not when someone else decides

A publishing house is a distribution option. It’s not a certificate of existence, and it’s not proof that you’re a real author. There are excellent books published independently and poor books published by major publishers—and vice versa.

The Five Questions to Ask Before You Sign

1. If 1,000 copies are sold, how much will I earn in lei?
2. For how long do I transfer my rights, and under what conditions do they revert to me?
3. Who owns the translation and audio rights, and what happens if you don't use them?
4. Do I have the right to veto the cover and the title?
5. At what price can I buy my own copies, and how many do I get for free?

A reputable publisher answers all five without hesitation. If any one of them makes you uncomfortable, you've found exactly the clause that's worth reading twice.

If you have a contract in front of you and want to talk it over with someone, Join Author Lab, the community where we work on books, branding, and AI—the first month is free.