When the parties have reached a verbal agreement, it’s time for the writer to put the agreement in writing. I suggest keeping it simple. A lot of legalese and boilerplate just frightens the principal. I find that a one or two page intellectual property agreement works well. It is surprisingly simple but covers all the essential details, including the fee, payment schedule, intellectual property ownership, confidentiality, and dispute resolution.

Here’s an outline of the intellectual property agreement I have found useful.

INTELLECTUAL PROPERTY AGREEMENT

THIS AGREEMENT, executed this (date) ____________ between __________ and ________ memorializes and confirms the following agreements between the Parties:

1. Summary of book, including approximate length

2. Delivery. Deadline

3. Copyright: Statement that as a work for hire, the principal has all interests in the copyright.

4. Editorial Control: Statement that principal has unlimited editorial control over all aspects of the Work and ancillary materials.

5. Project Fee: Summary of fees and payment schedule. Typically, principals pay the writer one-third upon signing the agreement, one-third upon presentation of a satisfactory first draft, and one-third on a final draft or publication.

6. Expenses. Statement of how expenses will be handled or reimbursed.

7. Author Credit. Statement of how the book credit shall be assigned. I include a clause that explicitly gives up any right to author credit.

8. Advances and Royalties. Statement of how advances and royalties, if any, will be distributed.

9. Unsatisfactory Manuscript: Statement about what happens if the principal finds the work unacceptable.

10. Satisfactory Manuscript: Statement that the principal must notify the writer when the work is deemed acceptable.

11. Termination: Statement about terminating the agreement. There is usually a schedule of kill fees to protect the writer against arbitrary termination.

12. Confidentiality and Non disclosure: Language along these lines: Any information disclosed by ________ will be considered confidential and shall not be disclosed to others or used for a purpose other than as determined in this Agreement without the prior written consent of ___________ , such obligation being further detailed in a separate Confidentiality undertaking to be signed.

15. Return of Materials. Statement that all correspondence, documentation, and research materials remain within the ownership of _____ and shall be returned to ______ immediately after expiration/termination of this agreement.

16. Originality: Statement that the writer warrants that the Work is an original work of the creator’s independent authorship, except as to any matter specifically attributed otherwise. The writer also agrees to indemnify and hold harmless ______ against any loss or injury suffered by _________ as a result of the breach of this warranty.

17. Publicity: Statement that the writer shall not disclose to others any information nor originate publicity, news releases, articles, promotional materials, or any other public announcement in any way related to the Work, this Agreement or to this project without the prior written consent of _________.