What is an advance in a literary publishing agreement?

An “advance” in a publishing deal is similar to an advance on future payment in any other context.

That is, it is not just a check written to an author in advance of the deal like you might think from the name. It is an advance-on-royalties. Meaning, the amount the author gets in the advance is “repaid” from future royalties.

Consider this hypothetical (these are example numbers and shouldn’t be used for any kind of guidance about a particular deal):

  • An author gets a $25,000 advance.
  • The deal also provides for a 10% royalty (in reality, this will depend on the type of royalty, but that is for another post).
  • The book sells $1M worth of units.

How much does the hypothetical author get? Well, the author got $25,000 up front, and the author will get another $75,000 from the royalty.

You might be thinking 10% of $1M in sales is $100,000, shouldn’t the royalty be $100,000? The answer is: it is! It is just that the author got $25,000 of that $100,000 before any of it was actually earned – hence the term “advance.” Before the author receives any percentage on the back-end, the publisher has to recoup the initial advance. Once the publisher has recovered the advance, the author is said to have “earned-out” the advance.

Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

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