Entrepreneur and Business Startup Law Blog

Literary Services Agreement Checklist.

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It is helpful to review this checklist before entering discussions with a ghostwriter.

• Proposal.  Describe what will be included in the proposal and length.
• Present Agreement.  Describe scope of agreement to write proposal.  Will it include certain terms for the publishing agreement?
• Collaboration and Method.  How will the ghostwriter and the named author collaborate?
• Submission. What are the responsibilities of the ghostwriter?
• Deliverables. What will the ghost writer deliver?
• Expenses.  Which party will bear expenses?
• Compensation.  What is the compensation methodology?  Include exit strategy for paying party as well.
• Non-disclosure: Confidentiality provisions are important.
• Authorship.  Who will be named author in the proposal and the book? E.g., by A as told to B?
• Copyrights.  Who will own the copyrights?
• Income & other Preliminary terms for the Book.  Include terms relied upon for the book publishing.
• Ownership Rights: Materials. Who will own the materials used in development of the proposal and book?  Understand what this means.
• Rights Retained. Clearly set forth what rights are retained by each party, e.g. right to create other versions of the book, prequels and sequels. 
• Editorial and other disputes. Clearly set forth the means for resolving disputes.
• Warranties and Representations. Describe the warranties and representations of each party.  
• Incomplete Manuscript. Describe what happens in the event of disability or death of either Party prior to submission of the final Manuscript to a Publisher.
• Non-compete; Unfinished Work.  Describe the agreement as to competing works and who can use unfinished work.  

Include other important information that is particular to your situation.

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( Misc: ghost writer agreement, literary agrement, litrary agreement )