When the deal stops working

Publishing contracts are legally binding. You cannot simply switch publishers because the relationship is not delivering what you expected. But several mechanisms can enable a change.

Key person clauses let you exit if the specific individual who signed you leaves the company. If your deal depends on a particular A&R contact or team, a key person clause protects you if they move on.

Performance thresholds can be written into the contract, setting minimum earnings or activity levels. If the publisher fails to meet them, you may have grounds to renegotiate or exit.

Material breach – where the publisher has failed to meet a clear contractual obligation – can provide a legal basis for termination. But the threshold for breach is high, and pursuing it usually requires legal advice.

Mutual agreement is the most common route out of a deal that is not working. Expect compromise – perhaps a reduced retention period in exchange for the publisher retaining some catalogue rights.

If the relationship has broken down, document your concerns carefully and take legal advice before acting. Rushing to sign with a different publisher while still under contract creates complications that are likely to exceed any short-term benefit.

These protections are much easier to negotiate when the deal is being discussed than to enforce after problems arise.

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