New Paragraph

SigninG a Publishing Contract

9C. Morality clauses

We have not seen examples of this type of clause in our industry yet. Let us know if you see one!


In the last several years, book publishing and other contracts outside the boardgame industry have increasingly included an out for businesses to stop working with a creator or influencer based on behavior that is otherwise unrelated to the scope of the contract. Some of these clauses are very broad and allow a publisher to terminate based on individual accusations or the vague notion of “public condemnation.” In some cases, they even require the creator to return their advance because of a reduction in the market for their product. 


The Authors Guild, which is increasingly dealing with these clauses, recommends the following:


“If your publisher nevertheless insists on including such a clause, do your best to ensure it is as narrow as possible. In particular, it should cover only:

  • Proven or admitted conduct, and not merely allegations.
  • Conduct that is illegal or objectively morally condemnable behavior.
  • Conduct that has become public.
  • Conduct that is likely to adversely affect the sale of the [product].
  • Conduct that the publisher did not know about when it signed the agreement.

And it should stipulate that:

  • The publisher may only terminate the contract; it should agree not to pursue any damages.
  • The rights revert to the author upon termination, and the author does not have to repay any part of the advance previously received.”


Here is language that the Authors Guild recommends, if you do need a clause (but they recommend arguing against such a clause at all):

PUBLISHER may at any time prior to publication choose not to publish GAME if DESIGNER has been convicted of, or admitted to, illegal or morally repugnant conduct (under commonly accepted, nationwide standards), unknown to PUBLISHER and inconsistent with DESIGNER's reputation at the time this Agreement is executed, where the conduct has become known to the public and resulted in sustained, widespread public condemnation of DESIGNER and that will directly and materially diminish the sales of GAME. In the event PUBLISHER desires to exercise this option in such circumstances, PUBLISHER may terminate this Agreement upon written notice to DESIGNER describing the basis for the termination, including the conduct and how sales would be materially diminished; and PUBLISHER shall give DESIGNER 30 days to respond and deny such conduct by sworn affidavit or provide evidence that the sales of the game will not be impacted. Upon termination under this section, all rights in GAME will revert to DESIGNER, and PUBLISHER will promptly provide written documentation thereof. DESIGNER shall not be required to repay any sums paid to date for the unpublished GAME.

We would add that if a publisher wants you to sign a clause related to your personal behavior, you should ask them to make it go both ways: you should also be able to terminate the contract if the publisher engages in unacceptable behavior.