Literary Services Agreement Checklist

Written by Michelle L. DelMar, Esq. | Jan 19, 2016 5:32:20 PM

Use this checklist as a tool to facilitate discussion concerning literary services, including, writing and/or ghostwriting.

Describe:

Proposal. What will be included in the proposal and length?
Present Agreement. What is scope of agreement to write proposal, e.g., will it include some terms for the anticipated publishing agreement?
Collaboration and Method. What is the manner by which the writer/ghostwriter and the named author or subject will collaborate?
Submission. What are the responsibilities of each party?
Deliverables. What are the deliverables?
Expenses. Who will bear what expenses?
Compensation. What will the compensation methodology be and include exit strategy for each party.
Non-disclosure: What are the confidentiality provisions?
Authorship. Who and how will credit be given?
Copyrights. Who will own the copyrights? Who will be responsible for registering and when?
Income & Preliminary terms for the final work. Include terms relied upon for the book publishing.
Ownership Rights: Materials. Who will own the materials used and understand what this means.
Rights Retained. What rights are retained by each party?
Editorial and other disputes. What means for resolving disputes will be required?
Warranties and Representations. What will each party warrant and represent?
Incomplete Manuscript. What will happen in the event of disability or death of either Party.
Non-compete; Unfinished Work. What happens if works are not completed?

Include other important information that is particular to your situation and seek experienced legal counsel for the drafting of an enforceable Literary Services Agreement.

This may be considered advertising under the Massachusetts and Maine Rules of Professional Conduct.

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