Draft a Collaborative Writing Agreement

Collaborative writing involves two or more authors working on a book or a screenplay. Before beginning, you should draft a collaborative writing agreement. This agreement will identify the deadline, assign the ownership percentage to the work, and explain what happens if there is a dispute or either writer wants to withdraw from the collaboration. After drafting your agreement, you should show it to an attorney before signing.

Steps

Beginning the Agreement

1. Format your agreement. You should set up your word processing document so that it easy to read. Use a sufficiently large and legible font. Times New Roman 12 point is standard.
2. Title the agreement. Insert the title at the top of the page. You can title the document “Writers’ Collaborative Agreement” or “Screenwriters’ Collaborative Agreement.” Center the title between the left-hand and right-hand margins.
   • You can also make the title in all caps, bolded, or a slightly larger font so that it stands out.
3. Identify the parties to the agreement. In the first paragraph, you want to identify all of the writers to the project. You can also state where the contract is being formed. You might want to use language like the following:
   • “This Agreement made at [insert location], by and between [insert the names of the writers] (the ‘Parties’).”
4. Include your recitals. Recitals summarize the intent of each party. You can also explain the writing project in your recitals: whether it is a screenplay or book, as well as the subject matter.
   • You might write: “The parties intend to collaborate on an original screenplay based upon the life of Margaret Thatcher (the ‘Work’), and desire to establish their rights and obligations in the Work.”

Explaining the Writing Project

1. Assign ownership percentages. Generally, you will probably own the work equally—50/50, if there are two writers. However, you can assign ownership percentages in any way that you want. Make sure to include a provision explaining how ownership will be divided.
   • You could write: “The Parties shall collaborate in the writing of the Work and, upon completion, shall be the owners of the Work in the following percentages: [insert percentages].”
2. Explain that the work will be registered. Screenplays are usually registered with the Writers Guild of America. You will want to explain that the work will be registered as the joint creation of both parties. You should also mention whether you will register your copyright.
3. Include a deadline for completing the work. You want each writer to know the deadline, so insert a provision to this effect. You could state, “Parties agree the Work will be completed by [insert date]. Failure to complete the Work by the deadline shall not be construed as a breach of this Agreement.”
4. Grant a right to complete the work alone. Life intervenes, and sometimes an author can’t finish a collaborative writing project. To protect yourself, you should include a provision giving the other writer the power to complete the writing project alone.
   • A sample provision might read: “If, before completion, either Party voluntarily withdraws from the collaboration, then the remaining Party shall have the right to complete the Work alone. The remaining Party shall also have the right to work with another collaborator, in which case the ownership percentages will be revised by mutual agreement in a writing.”
5. Describe all functions the parties will provide. One or more of the authors might perform other tasks, such as marketing the work or performing background research. You should explain what these other tasks will be.
   • For example, you could write: “It is further understood by the Parties that [insert name of writer], in addition to writing services, shall perform the following tasks regarding the Work: [identify the other tasks].”
6. Limit either party’s right to sell the work. You will want to make sure that all collaborators consent to any sale of the work. Include a provision requiring mutual written consent.
   • A sample clause could read: “Neither party shall sell or dispose of the Work without the written consent of the other Party. This consent will not be unreasonably withheld.”
7. Explain how authorship will be attributed. You can decide in the collaborative writing agreement how you will be listed as authors. This might not be a big deal for you. However, some people like to see their name first, so you can decide by contract how the names will appear as authors.

Explaining How Profits and Costs Are Shared

1. Require mutual consent to incur costs. When you work collaboratively, you typically share the costs necessary to create and promote the work. However, you don’t want one writer to incur costs without the collaborators knowing. You can include a provision requiring mutual consent for all costs.
   • Your provision might read: “Expenses of any amount for which Parties are mutually responsible shall not be incurred without advance mutual consent in writing. Each Party may decide to absorb the full costs of an expense in order to advance the completion or promotion of the Work. If a Party decides to absorb a cost, it cannot subsequently require compensation from the other Party.”
2. Explain how profits will be applied to costs. Imagine that you successfully write and sell a book or screenplay. You will get a sum of money. Now you need to explain that this money will be used first to pay off expenses (including commissions). Typically, writers state that monies will be applied in the following manner:
   • First, to pay commissions.
   • Second, to pay any expenses.
   • Third, to each writer in proportion to their ownership percentage.
3. Identify other income streams. A successful book or screenplay can create many income streams. For example, you could have motion picture rights, sequel or remake rights, and stage rights. Include a provision in your collaborative writing agreement where you agree to share the proceeds from the following:
   • motion picture rights
   • prequel rights
   • sequel rights
   • remake rights
   • television rights
   • stage rights
   • radio rights
   • rights for book and other media publications
   • computer-related rights
   • merchandising rights
   • other rights currently unknown
4. Share profits from revisions. One writer might be paid to revise the work. This often happens with screenwriters. In this situation, you should state whether the other writer will get a portion of the money paid for the revision.
   • If the money paid will be shared, then include a provision like this: “If the Work is sold and either Party, or both, is employed to revise the Work, the compensation shall be shared in the same proportion as the ownership of each Party in the project.”

Including Termination Provisions

1. Add warranties. A warranty is a promise each writer makes to the other writer. Typically, you warrant that the material you create is not plagiarized from someone else and that you aren’t defaming someone in the material. If a person breaks a warranty, then you can terminate the agreement.
   • A sample warranty provision could read: “Each Party warrants that any material written or provided in connection with the Work does not constitute a violation of copyright, right of privacy, or common law, and that it does not contain any defamatory or illegal material.”
2. Explain when you can terminate. Typically, you terminate the agreement if the other writer breaks one of their promises under the contract. For example, an author could incur an expense without consent and charge you for it. You typically give the other side a chance to fix the problem.
   • A termination provision could read: “Either Party may terminate this Agreement by giving a written notice of termination in the event the other Party breaches any of its obligations under this Agreement, and the breach is not cured within 30 days of receipt of written notice.”
3. Include an indemnity clause. If either writer breaks the law—by, for example, defaming someone in your written work—then both of you will be sued. However, if you include an indemnity clause, then the author responsible will agree to defend you and pay all of any settlement or jury verdict against the both of you.
   • A sample indemnity clause would read: “Each Party agrees to indemnify and hold the other harmless against any loss or damage arising out of a breach of any of the warranties or other representations in the Agreement.”

Finalizing the Writing Agreement

1. Include a notice provision. You should state where each side must send its written notices. Include a provision stating the addresses as well as the preferred method of sending the notice.
2. Include a dispute resolution clause. Disputes are not uncommon, and you can decide in the contract how you will resolve disputes. For example, you could agree to mediate a dispute, with each side splitting the costs of the mediator.
   • A sample dispute resolution clause could read: “Disputes arising under this Agreement shall be submitted to the Writers Guild of America for arbitration in accordance with the Guild’s arbitration procedures. The arbitration committee’s determination shall be conclusive and binding upon the Parties.”
   • If you are not a member of the Writers Guild, then you can select a different arbitration committee to hear the dispute, such as the American Arbitration Association.
3. Add a merger clause. This clause states that the written contract contains the entire agreement. This clause is helpful because it prevents one side from later claiming that a prior agreement should trump the contract.
   • A sample clause could read: “This Agreement contains the entire agreement between the Parties concerning the subject matter hereof. All prior agreements, discussions, warranties, covenants, and representations are merged herein. Any amendments or modifications of this Agreement shall be in a writing executed by both Parties.”
4. Include signature blocks. Add a line for each writer’s signature and a line underneath for them to print their name. Also add lines for the date.
5. Review the contract with lawyers. Ideally, each side should show the contract to their lawyer before signing. If you don’t have a lawyer, then you can find one by contacting your local or state bar association and asking for a referral.
   • Ask your lawyer if anything is missing in the contract or whether you should revise the terms. You shouldn’t sign the agreement until you agree with everything in it.
6. Distribute copies. After everyone signs the agreement, you should make copies and distribute them to the following people and organizations:
   • each writer
   • your agent
   • the Writers Guild (if applicable)

References

See also

• Be a Great Feature Writer
• Draft a Ghostwriting Agreement
• Argue Your Value As a Professional Writer
• Use Your Writing Skills to Earn a Living
• Save Money As a Full Time Writer
• Get a Job As an Advertising Copywriter
• Gain Credibility As a Writer
• Find the Courage to Become a Writer
• Clean Up Your Finances to Become a Writer
• Become a Science Writer

Read more ...