Mary Embree November, 2003
If you will be collaborating with someone else on a book, the first issue to be resolved–as Tad Crawford points out in Business and Legal Forms for Authors and Self-Publishers–is how the copyright in the collaboration will be owned.
In every case, all details of the agreement should be spelled out. For example, the names of the parties and the names of their agents, if any, should be stated. The nature or subject of the work must be specified–autobiography, how-to book, child psychology, cookbook, etc. The tentative or working title should be named, and if there is an outline or synopsis of the work, it should be attached to the contract.
There are many different kinds of collaborations, but the agreements for each one must be in writing if you are to avoid some really sticky problems later on. Here are some specific pointers for avoiding trouble with two common kinds of collaborations.
Equal Partners
Collaborations often involve a joint work in which proceeds are to be equally shared. When this is the case, the agreement should set out each party’s responsibility in great detail and spell out how they will authorize and share expenses and who has rights to license the work under what conditions.
Equal partner collaborators also need to decide what will happen if the project is never completed. The issues might be what their individual rights will be in case the book project is never sold. When collaborators create different portions of a book, each would probably want to retain rights to those portions and be free to publish them by themselves or to include them in a longer work.
There are so many variables in any collaboration agreement that they can’t all be addressed here. But think of all the contingencies you can and detail them in the contract.
Some additional steps to take are:
● Specify a date by which time the work should be completed.
● Make out a work schedule with sequential deadlines.
● State whether the parties will self-publish if they do not receive a publishing contract.
● Allow for termination of the contract and state the conditions.
● Require that each partner receive a copy of the contract.
● Specify whose name goes first on the book.
● Decide what will happen in the event of the death or disability of either party.
● Discuss promotion, including the use of the parties’ names, photos, and bios.
Ghosts
A ghostwriter is one who writes for, and gives credit of authorship to, another person. Sometimes specialists in certain fields hire ghostwriters to explain esoteric concepts in a way that the lay public will understand. Sometimes celebrities, and others, hire them to write "autobiographies." Whether you are hiring a ghostwriter for a book you intend to publish or being hired to ghostwrite a book, you need to know all the ramifications.
Before a contract is even considered, both parties should agree on two major issues–the author credit and the money split.
Guidelines from Writer’s Market distinguish between "Ghostwriting, as told to," which is writing for a celebrity or expert, and "Ghostwriting, no credit," which could be writing for an individual who is self-publishing or for an agent, a book packager, a publisher, or some other kind of company. The "as told to" ghostwriter often receives a "with" credit line: John Q. Public with Jane Doe. This appears on the cover of the book.
As attorney/author/publisher Tad Crawford notes, "It is important that the credits accurately reflect what the parties did. The credit could be ‘by A and B’ or ‘story by A and illustrations by B.’ ‘As told to’ indicates one person telling their story to another; while ‘with’ suggests that one person did some writing and the other person, usually a professional author, shaped and completed the book. It is against public policy for someone to take credit for writing a book which, in fact, was written by someone else."
When a book publisher is involved, a typical deal might give the ghost the full advance plus 50 percent of royalties. When self-publishers hire ghostwriters, they might pay an hourly rate, which could range from $25 to $85, or a page rate, ranging from $125 to $175 per book page. The ghost might ask to be paid in four installments, one up front, one when the book is half-finished, one at the three-quarters mark, and the balance upon completion. Also, they may charge extra for researching, because that can be very time-consuming.
Ghostwriters who get no credit often contract for between $5,000 and $50,000, or more, per title, plus expenses.
The sample contract that follows [or whatever] comes from Business and Legal Forms for Authors and Self-Publishers, which also provides the form on CD-ROM so you can modify it and print it out. More information on collaboration contracts is also available in the Model Ghostwriting and Collaborations Contract that the National Writers Union offers members.
[sidebar]
[sidebar title] Sample Collaboration Contract
AGREEMENT entered into as of this _____ day of ____________, 20___, between ______________________ (hereinafter referred to as the "Author"), located at ______________________________________________________________, and ______________________ (hereinafter referred to as the "Coauthor"), located at _________________________________________________________________ .
WHEREAS, each party is familiar with and respects the work of the other; and
WHEREAS, the parties hereto wish to collaborate on a book project tentatively titled _______________________ (hereinafter referred to as the "Work"); and WHEREAS, the parties wish to have the creation of the Work governed by the mutual obligations, covenants, and conditions herein;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
A [ ] schedule [ ] outline [ ] synopsis is attached to and made part of this agreement.
The Author shall also provide the following materials _________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________
The Coauthor shall be responsible for writing approximately ______ words to serve as the following parts of the text ________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________
The Coauthor shall also provide the following materials ______________________ ___________________________________________________________________ ______________________________________________________________________________________________________________________________________
Net proceeds from the sale or license of nonelectronic publishing rights shall be divided _____ percent to the Author and _____ percent to the Coauthor.
Net proceeds from the sale or license of electronic publishing rights shall be divided ____ percent to the Author and ____ percent to the Coauthor. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROMs, computer databases, and network servers.
Net proceeds from the sale or license of nonpublishing rights in the Work (including but not limited to audio, merchandising, motion picture, stage play, or television rights to the Work), whether such sale or license occurs before or after initial publication of the Work, shall be divided _____ percent to the Author and _____ percent to the Coauthor, unless provided to the contrary here, in which case the following rights shall be treated with respect to division of net proceeds and control or disposition as follows: _______________________________________________ _____________________________________________________________________________________________________________________________________.
If possible, net proceeds shall be paid directly to each party in accordance with the divisions set forth in this Paragraph. If either party is designated to collect such net proceeds, that party shall make immediate payment to the other party of such amounts as are due hereunder.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.
Author___________________________ Coauthor ___________________________
The Collaboration Agreement is published by permission from Business and Legal Forms for Authors and Self-Publishers by Tad Crawford. It is one of 20 ready-to-use forms in that book, which can be ordered for $22.95 from Allworth Press at 1-800/491-2808 or www.allworth.com.
This article was adapted from The Author’s Toolkit: A Step-by-Step Guide to Writing and Publishing Your Book, revised edition, by Mary Embree, also available from Allworth Press.
