What are subsidiary rights and why 60/40?

Subsidiary rights (Nebenrechte) = audiobook, film, stage, comic, translation, merchandise. Market standard: 60% in favor of the author. A blanket transfer without a split contradicts § 31 V UrhG (purpose-of-transfer rule) and § 32 UrhG (equitable remuneration).

How high should my e-book royalty be?

At least 25% of the publisher's net revenue — as provided for by the joint remuneration rules for fiction (GVR Belletristik), agreed by VS and the German book trade association (Börsenverein). Below that, the agreement can be challenged under § 32 / § 36 UrhG.

Where an exclusive license is remunerated by a lump sum, you may exploit the work elsewhere after 10 years. A contractual waiver is invalid — the right exists nonetheless.

How do you define “out of print” correctly?

Not only by reference to the last print run, but as cumulative sales across print + e-book + print-on-demand below a threshold (e.g. < 100 copies in 12 months). Otherwise the publisher hoards the rights without any sales.

What does the AI training clause mean?

Some agreements transfer across the board “all known and unknown forms of exploitation including machine processes”. Under § 31a UrhG this requires written form and is subject to a right of revocation — demand an opt-out + separate remuneration. Art. 53 of the EU AI Act and the text and data mining reservation under § 44b UrhG are your levers.

Do I get a redline version?

Yes. After the analysis you can have a complete redline version with alternative clause wording generated for credits. The exact price is shown to you in advance — no charge without confirmation.

Creatives · Publishing agreement (book)

Review a publishing agreement (book author) — royalties, subsidiary rights, recall, AI training

Q: What does the AI training clause mean?

Some agreements transfer across the board “all known and unknown forms of exploitation including machine processes”. Under § 31a UrhG this requires written form and is subject to a right of revocation — demand an opt-out + separate remuneration. Art. 53 of the EU AI Act and the text and data mining reservation under § 44b UrhG are your levers.

Q: Do I get a redline version?

Yes. After the analysis you can have a complete redline version with alternative clause wording generated for credits. The exact price is shown to you in advance — no charge without confirmation.

A publisher wants your manuscript? Our AI tools review royalties, subsidiary rights, the obligation to publish and AI clauses — and deliver a redline version that you can send back to the publisher.

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Quick check: what should you do?

3 short questions — no sign-up required.

Are all forms of exploitation transferred across the board — without a breakdown per type of use?

Does the publisher take subsidiary rights (audiobook/film/translation) without a 60/40 royalty split?

Does the agreement contain an AI training or TDM clause without an opt-out?

Are half-yearly statements or an audit right missing?

Is “out of print” defined only by print runs (not by e-book/print-on-demand)?

Deadline at a glance

Before signing

Publishing agreements often run for the entire copyright term (lifetime + 70 years). Claims under § 32a and § 40a only arise years later.

It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.

Typical risks in this scenario

What we pay special attention to

Curated from real cases. The AI review flags exactly these points in your document.

Total buy-out of all forms of exploitation instead of individual types of use (§ 31 V UrhG).
Subsidiary rights (audiobook/film/translation/merchandise) granted to the publisher across the board without a 60/40 split.
E-book royalty below 25% of the publisher's net revenue (GVR for fiction).
Royalty calculated on the "net retail price less discounts/returns/defects" — effectively halved.
"Out of print" defined only as "last print run sold out" — never applies to print-on-demand and e-books.
§ 40a UrhG (10-year recall) and § 41 UrhG (recall for non-exercise) excluded by the contract — invalid, but it has to come out.
Waiver of § 32a UrhG / the bestseller clause — likewise invalid.
AI training clause transferred along with everything else (§ 31a UrhG — written form + right of revocation required).
Group clause — transfer to a sister publisher without your participation.
Cross-collateralization of the advance with future works.
No half-yearly statements, no audit right.
The publisher's right to edit without a consent requirement (§ 14 UrhG protection against distortion).

What you can do here in 5 minutes

Publishing agreements (Verlagsverträge) often bind you for the entire copyright term — with a lump-sum fee, that can mean decades. Our AI tools review royalties against the joint remuneration rules (Gemeinsame Vergütungsregeln, GVR), subsidiary rights (audiobook/film/translation), the obligation to publish, the out-of-print definition and new AI training clauses against UrhG §§ 31, 31a, 32, 32a, 40a, 41 and the Publishing Act (Verlagsgesetz). On request, we generate a redline version for credits — you see the price in advance.

Upload the agreement (PDF/DOCX) — our AI tools analyze royalties per type of use, the subsidiary rights split, the obligation to publish, the out-of-print definition, AI training, reversion triggers and audit rights. Optional: redline version + negotiation sheet for credits.

How it works

Results in three steps

Upload the contract

PDF/DOCX, German (DE/AT/CH) or English.

Clause heatmap + royalty benchmark

Risk level per clause with reference to UrhG/VerlG/GVR. Royalties compared against the industry standard.

Negotiation sheet & redline (optional)

A concrete counter-proposal for each risk clause. Redline version as DOCX for credits — price shown transparently in advance.

Follow-up actions

Directly from the analysis: revise the agreement, draft a reply to the publisher, compare, chat with Lexi or request a lawyer.

What you get

Upload the contract – PDF/DOCX, German (DE/AT/CH) or English.
Clause heatmap + royalty benchmark – Risk level per clause with reference to UrhG/VerlG/GVR. Royalties compared against the industry standard.
Negotiation sheet & redline (optional) – A concrete counter-proposal for each risk clause. Redline version as DOCX for credits — price shown transparently in advance.
Follow-up actions – Directly from the analysis: revise the agreement, draft a reply to the publisher, compare, chat with Lexi or request a lawyer.

What it is not

No assessment of the manuscript's market value.
No negotiation with the publisher on your behalf.
No tax or artists' social insurance (Künstlersozialkasse) advice.
No VG Wort registration — only a note in the next steps.

FAQ

Common questions about this case

Transparency

What the AI checks — and what only a lawyer can decide

An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.

At the latest with an advance above €25,000, a group-owned publisher, international subsidiary rights or bestseller potential: a specialist lawyer for copyright and media law (Fachanwalt). The German Writers' Association (VS) additionally offers low-cost initial advice for members.

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