Collaboration Requires More Than Trust
Many creative partnerships begin with excitement and goodwill.
Problems usually emerge later, when money, ownership, credit, control, deadlines, or outside opportunities become involved.
Written agreements do not demonstrate distrust. They protect the relationship by making expectations visible.
Topics a Collaboration Agreement Should Address
- Ownership percentages
- Copyright ownership
- Decision-making authority
- Creative approval
- Credit and billing
- Compensation
- Expenses
- Deadlines
- Confidentiality
- Licensing authority
- Adaptation rights
- Use of characters and series
- Withdrawal
- Disability or death
- Dispute resolution
- Sale or transfer of interests
- Dissolution
Financial Rights Are Not the Same as Creative Rights
A person may receive a share of revenue without receiving authority over the story.
Likewise, someone may participate in creative decisions without owning the copyright.
These rights should be separated and defined.
Potential categories include:
- Voting rights
- Financial rights
- Approval rights
- Copyright ownership
- Licensing authority
- Management authority
- Credit rights
- Consultation rights
The Artist Company concept is significant partly because it distinguishes artist voting control from the economic participation of other parties.
That principle can be valuable even when an author uses a conventional LLC or another structure.
Questions Collaborators Should Discuss Early
- Who has final creative approval?
- Can one collaborator continue without the other?
- Can either party create sequels or related works?
- Who negotiates licenses?
- How are expenses approved?
- Can an ownership interest be sold?
- What happens if one person stops participating?
- What happens if the project never earns money?
- Who controls unfinished work after a death?
A difficult conversation at the beginning is less expensive than litigation at the end.