Collaboration Agreement (Long form - Comprehensive)
AGREEMENT made by and between [Name] of [Address] hereinafter referred to as "Collaborator", his or her heirs, executors, administrators, successors and assigns; and [Name] of [Address] hereinafter referred to as "Author"), his or her heirs, executors, administrators, successors and assigns;
Concerning a book presently titled:
WITNESSETH:
In consideration of the mutual covenants herein contained, the parties agree as follows:
1. Purpose
The parties undertake to collaborate in the writing of a nonfiction book ("the Work") with the above noted tentative title. An outline of the Work is attached to this agreement and made part of it by this reference.
2. Responsibilities
Each party shall work cooperatively with the other to provide and develop ideas and text for the Work. They shall also cooperate in efforts to secure publication of the Work and to market other rights in it to the maximum extent possible.
3. Decisions
All decisions of all kinds affecting the Work and its commercial use and value shall be jointly made. Specifically, no decision about the employment of professional advisors and representatives, or about the style and content of the Work (except as Paragraph 4 provides), or about agreements and contracts concerned with the Work, shall be made unless both parties agree.
4. Authority
The parties shall work together in the following way: Collaborator shall provide a detailed outline of information about the subject matter, including technical information, experiences and anecdotes, and descriptions of equipment and locales. He or she shall also provide taped statements and descriptions of the characters. Author shall incorporate the outline and taped material into a manuscript. Collaborator shall then review and make suggestions for the revision of the manuscript. Collaborator shall have final authority over the technical contents of the manuscript, and Author shall have final authority over the style and manner of presentation of the material in the manuscript.
5. Deadline
The parties intend to complete the Work by [Date]. If they do not, they may mutually agree to extend the deadline for completion. If they do not mutually extend the deadline, they shall decide which of them, if either, may complete the Work. If they agree, they shall write out and sign the terms of their agreement at that time.
6. Arbitration
If the parties cannot agree on a new deadline or who should complete the Work, they shall attempt to mediate their dispute, jointly agreeing on a mediator. If no mediation takes place within thirty (30) days from the deadline, or if one or more mediation sessions are held but do not result in agreement, the dispute shall be decided by arbitration following the rules and procedures of the American Arbitration Association. The settlement agreement, if any, or the arbitrator's award, shall determine all rights either may have arising out of this collaboration agreement. Judgment on the award rendered may be entered in any court having jurisdiction thereof.
7. Copyright
If the Work is completed, the parties shall hold joint copyright in it.
8. Contracting with a publisher
If the Work is completed, the parties shall work together to find a publisher for it. Neither may enter into an agreement for publication of the Work without first obtaining the other's consent and signature on the publication agreement.
9. Division of payments
All payments, of whatever kind, resulting from publication of the Work and the license, sale, or other disposition of subsidiary rights in the Work shall be divided equally between the parties. If possible, each party's share shall be paid directly to that party.
10. Credits
Authorship credit for the Work shall be equal for the parties, and their names shall appear in alphabetical order.
11. Changes
Neither party may make changes in the Work after its completion without the written consent of the other. That consent shall not be unreasonably withheld.
12. Assignment
Either party may assign his or her rights to income from publication of the Work or the disposition of subsidiary rights to a third party, but that third party shall have no other rights in or to the Work, and the assignment shall be effective only if the assigning party notifies the other party in writing. Neither party may assign any rights or obligations of this agreement without first obtaining the other party's...
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