Legal and Contracts
Advice for Indie Authors
Sample Agreements
Author-Artist
Agreement
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Legal & Contracts: Sample Agreement
Author Artist Agreement
As always, the information discussed in this guide should not be considered legal
advice, and is provided as guidance only. ALLi recommends authors
seek legal advice around all contract negotiations wherever it is appropriate.
We hope you find these examples useful, and welcome your feedback.
THIS AGREEMENT, made on [INSERT DATE] , between [NAME], residing at [FULL
ADDRESS] (hereinafter "WRITER"), and [NAME], residing at [FULL
ADDRESS](hereinafter "ARTIST"), with respect to the production of graphic novel
tentatively entitled[TITLE] written by WRITER (hereinafter the "WORK"), to be
illustrated/scored/otherwise enhanced by ARTIST
In consideration of the mutual promises contained herein, and for other good and
valuable consideration, receipt of which is hereby acknowledged, the parties agree
as follows:
1. The copyright in the WORK shall be jointly registered and held in the names of
both WRITER and ARTIST.
2. Credits in the WORK shall read: "Written by WRITER;________ by ARTIST,"
unless specified otherwise in advance by both parties, the names shall be written on
all credits by last name in alphabetical order.
3. Royalties from the publication of the WORK and from the disposition of any
subsidiary rights therein (including but not limited to films, television and
merchandising) shall be divided as follows: WRITER: ____%; ARTIST: ____%;
unless specified otherwise in advance by mutual agreement between the parties.
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Legal & Contracts: Sample Agreement
Rates paid by publishers upon delivery of the WORK shall be excluded from this
provision and shall be negotiated separately by WRITER and ARTIST on their own
behalf and paid directly to the applicable party.
4. All original work created by ARTIST for the WORK, and the proceeds from the
sale of such original art/music/etc, shall remain the sole property of ARTIST. All
scripts created by WRITER for the WORK, and the proceeds from the sale of such
scripts, shall remain the sole property of WRITER.
5. No agreement for the publication of the WORK or for the disposition of any of the
subsidiary rights therein shall be valid without the signature of both WRITER and
ARTIST. However, either party may grant a written waiver of rights to the other
setting forth the specific conditions under which such waiver may be exercised.
6. All agreements for publication and disposition of any subsidiary rights in the
WORK shall provide that each party's share shall be paid directly to him. If the
parties by mutual agreement select an agent or attorney to handle the disposition of
subsidiary rights in the WORK, and if the agent or attorney is authorized to make
collection for the parties' account, such agent or attorney shall remit each party's
one-half share direct to him. Such agent or attorney's commission will be split
according to the same percentages as specified in paragraph 3 above.
6.b. If the parties by mutual agreement select an agent or attorney to handle the
disposition of subsidiary rights in the WORK, such agent or attorney's fees will be
split according to the same percentages as specified in paragraph 3 above.
7. If, in any instance, either party (hereinafter "FIRST PARTY") desires to produce a
sequel or derivative piece to the WORK (hereinafter the "SEQUEL"), and the other
party (hereinafter "SECOND PARTY") is either unwilling or unable to do so, FIRST
PARTY shall be free to hire another writer or artist as the case may be (hereinafter
"THIRD PARTY") to work on such SEQUEL, under the following terms and
conditions:
(i) Unless mutually agreed in advance by WRITER and ARTIST, THIRD PARTY
shall not own any copyright, trademark or other rights in and to the WORK and/or
any SEQUEL. All rights in and to the SEQUELS shall remain the sole property of
WRITER and ARTIST. Any contribution of THIRD PARTY to a SEQUEL shall be
done as a work-made-for-hire to the fullest extent permitted by law, and to the extent
that such contribution is not considered a work-made-for-hire authored by WRITER
and ARTIST in any jurisdiction, THIRD PARTY shall assign any and all rights he
may have in the SEQUEL to WRITER and ARTIST.
(ii) Credits in such SEQUEL shall read: "Written by/Drawn by [names of appropriate
parties]; Based on characters created by WRITER & ARTIST."
(iii) Royalties from the publication of such SEQUEL shall be divided as follows:
FIRST PARTY: 50%; SECOND PARTY: 10%; THIRD PARTY: 40%. Page Rates
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Legal & Contracts: Sample Agreement
paid by publishers shall be excluded from the scope of this paragraph and shall be
negotiated separately by and paid directly to FIRST PARTY and THIRD PARTY.
(iv) Any original art created by THIRD PARTY for such SEQUEL, and proceeds from
the sale of such original art, shall remain the sole property of THIRD PARTY.
8. If either party dies, the surviving party shall have the sole right to negotiate and
contract for publication and for the disposition of any of the subsidiary rights of the
WORK, to create SEQUELS, and generally to act with re-gard thereto as if he were
the sole author, subject only to the following conditions:
(i) the name of the decedent shall always appear on the WORK and the SEQUELS
as co-creator.
(ii) the surviving party shall cause the decedent's share of the proceeds, as
determined pursuant to paragraph 7(iii) above, to be paid to his estate.
(iii) the surviving party shall furnish the estate true copies of all contracts made by
the surviving party pertaining to the WORK and the SEQUELS.
9. Each party agrees not to violate copyright or any other law in the creation of the
Work. If it shall be found or claimed that the Work violates an existing copyright,
throughout the world, the party which created that portion of the Work shall
indemnify and hold harmless the other party.
10. This agreement shall continue in perpetuity. This agreement shall inure to the
benefit of, and shall be binding upon, the heirs, executors, administrators,
successors and assigns of the parties. This agreement shall be construed and
enforced in accordance with the laws of the State of New York. This the full
agreement between the parties regarding the Work, any amendments must be
signed by each party.
11. All disputes arising out of this agreement shall be submitted to an arbitrator. The
arbitrator's award shall be final, and judgment may be entered upon it by any court
having jurisdiction thereof.
12. This contract is a legal document under exclusive jurisdiction of [your country’s]
courts.
Signed by and on behalf of [WRITER name]
…………………………
Date [date]
Signed by and on behalf of [ARTIST name]
…………………………
Date [date]
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