What is Author Agreement Drafting?
An author agreement is a legal contract between an author and a publisher for creating and publishing content, such as a manuscript. It specifies the parties’ working arrangement, explaining what their roles and rights are during the production process.
It has to be clear and professionally written to prevent ambiguity that could lead to disputes.
If you need to draft an author agreement, here are the steps to follow, such as key terms to include in it, tips for drafting it yourself, and when to consult a qualified lawyer with experience in author agreement drafting.
What Key Terms Should You Include in an Author Agreement?
An author agreement usually contains the following essential information:
- Grant of rights. This section of the agreement specifies if copyright is wholly transferred to the publisher or if they’ll receive a license to publish the content.
- Exclusivity. Explain if the grant is exclusive or not as this affects if the author is allowed to license the content to other parties.
- Territory. Explain the location in which the publisher can distribute the work.
- Duration. It’s important to state how long the author agreement will last.
- Advance. State the upfront payment that is later earned through book sales.
- Royalties. Explain what royalty percentages apply to the agreement.
- Dispute resolution. Make sure that you include a dispute-resolution method, such as mediation or arbitration, to resolve disagreements between parties outside of court.
What are Tips for Drafting an Author Agreement?
Establish important details in your author agreement to prevent disputes between parties. Here are some to consider when drafting an author agreement.
Clearly Describe the Work
You should detail the work being produced under the agreement, such as the book title, its genre, and other information. Specify how it will be delivered and by when the publisher will expect it.
Define the Agreement Scope
State if the author agreement covers tasks such as writing, editing, distributing, and publishing. Mention any other services required. You should also state what formats will be used, such as print and e-books.
Clarify the Copyright Ownership
Make sure that you state exactly how the work can be licensed and owned to prevent disputes later in the process. Explain the rights granted clearly so that parties don’t have any uncertainty.
Set Deadlines
The agreement must include information for how the manuscript will be approved. Include publication deadlines. You should also mention dates for deliverables throughout the creation process, such as regarding revisions and editing.
Allocate Duties
Align the services required, specifying who is responsible for what tasks and activities, such as proofreading, book cover design, marketing, and distribution.
Consider Termination Provisions
When explaining how the parties can end the agreement early, you should specify what happens to any outstanding payments and if license rights will go back to the author.
Specify Royalties
Mention how payments will be calculated and paid. State how much the author will earn and how sales or revenue are reported. Avoid writing anything vague that can be open to misinterpretation. Some common ways in which to calculate royalties include making them a percentage of the book’s retail selling price or a fixed amount for each copy sold.
Do You Need a Lawyer to Draft an Author Agreement?
An author agreement can be challenging to draft, especially if you don’t have experience. A lawyer can help you, especially if the agreement involves significant financial interests.
A lawyer can help you during the agreement drafting process by:
- Identifying the parties involved in the author agreement so that they are accountable.
- Defining the agreement scope, listing services provided and the parties’ duties.
- Determining which party owns the copyright and what grants will be granted.
- Drafting the payment provisions, which include royalties and fees, for clarity.
- Establishing clear and fair delivery deadlines so parties know what’s expected of them.
- Including warranties, indemnities, and liability provisions to protect your financial interests.
- Addressing how to navigate the use of third-party material, such as by including permissions.
- Aligning the agreement with all the relevant laws to maintain compliance.
- Reviewing your author agreement if you’ve already drafted it. This will give you clarity and peace of mind.
Where to Find a Lawyer to Draft Your Author Agreement
You might’ve decided to hire a lawyer to draft your author agreement but where do you find one? Online legal marketplaces make it easy to locate a lawyer who’s reputable and experienced, providing you with a professionally-drafted contract to protect your needs.
ContractsCounsel is one of the largest online legal marketplaces. It connects you to a curated network of lawyers who have been vetted on the platform. If you need to hire a lawyer to draft your author agreement, here are the easy steps to follow:
- On your device, you should go to the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’ If you want a lawyer to review your agreement, choose ‘Contract review.’
- Post a project or request, which is free. Include some details of what you need so you can connect with suitable lawyers.
- Wait for bids. Instead of searching for lawyers, you’ll receive bids from lawyers directly on the platform who are available to help you.
- Review the platform’s lawyer information. This includes their location, field of expertise, credentials, years of experience, and client ratings for previous projects they’ve completed on the platform.
- Choose a lawyer based on the lawyer data. Hire them to draft your author agreement for a flat fee.
