If you’re a writer who’s thinking about assembling a creative team, or an artist thinking about joining a creative team to work on a graphic novel, you may realize that one of the first things you should do before jumping into the work is create a collaboration agreement.
A collaboration agreement is a written contract that defines who owns a creative work, who controls decisions, and how income and rights are shared between collaborators.
However, you may have never seen or written up a collaboration agreement before! Anytime the legal and financial aspects of creative work rear themselves, it can feel scary.
My goal in this article is to help you understand the important parts of a typical collaboration agreement, and what choices or scenarios it’s often important to consider. You don’t need to be a lawyer to understand most collaboration agreements. They can actually be quite straightforward.
Also, please take to heart that a collaboration agreement does not mean you don’t trust each other. It means you’re taking the work seriously enough to protect it, and you’re making things clear for the partners you’ll be working with (your agent, the publisher, etc). It’s a way of getting everyone on the same page while things still feel exciting, instead of waiting until there’s stress, money, or outside people involved.
IMPORTANT CAVEAT: The information in this article is meant to be educational, not legal advice. If you’re working on something high-stakes or dealing with meaningful money or long-term rights, it’s always smart to have an intellectual property attorney with publishing experience review any agreement before you sign it.
One more warning: this is a long article because I’m trying to give you an in-depth understanding of the factors you should consider when writing your collaboration agreement. Here’s the down-low of what I’m covering:
- Graphic novel collaboration agreements define ownership, control, and money before problems arise
- Without an agreement, default copyright law may create outcomes you didn’t intend
- In most cases, advance splits, royalties, and profit sharing should reflect actual labor
- Norms differ depending on the publishing path you’re pursuing (ie, traditional book publishing, comics publishing, or self-publishing)
OK… with those notes out of the way, let’s dive into it!
In this article, I’m going to talk about what these agreements are really for, and what they usually cover.
Why a collaboration agreement matters (even if you’re best friends)
When collaborators don’t have an agreement, the project is still governed by rules. They’re just the default rules of copyright law, and those rules often don’t reflect what the collaborators actually want. (If you’ve ever heard someone talk about how it’s better to have a will than to die without one and let probate court take care of what happens to your stuff, this is an analogous situation!)
For example, if a graphic novel is considered a “joint work” under copyright law, each creator may own an equal share of the copyright, regardless of how much time or work they contributed.
In many cases this is desirable for creative teams. But on the other hand, it could be that one person spent years drawing a book, while the other contributed to a rough outline early on. In the absence of a collaboration agreement, however, they own the work 50/50. Most collaborators would not choose that outcome if they had talked it through in advance.
Another unexpected result of “default copyright” is that each joint owner could exploit the work without the other’s permission. In some cases, a joint copyright owner can license the work to a third party without getting the other creator’s approval, as long as they share profits. That could be an unpleasant surprise if you assumed all decisions would be mutual!
As you probably recognize, with graphic novels especially, collaboration is not necessarily symmetrical. One person might spend months or years drawing hundreds of pages. Another might be revising a script in shorter bursts. Both contributions are essential, but at least from a time and labor point of view, they are not equal.
A good agreement lets you define the framework that applies to your specific project, and your specific relationship with your collaborator. It gives you a shared reference point when memories get fuzzy or expectations change. And it protects the work itself, not just the relationship.
Before you draft anything, get clear on what kind of collaboration this is
Some teams are true, 50/50 co-creative partnerships. As I’ve alluded to above, this is quite common with graphic novels, where words and pictures often carry equal weight in telling the story.
Some projects are writer-led, with an artist licensing their artwork for the book. The artist keeps copyright in their art. The writer gets the rights they need to publish the project. This can work well, but it needs to be explicit.
Other arrangements are work-for-hire. The artist is paid for services and does not own the underlying IP. That’s a valid model in some contexts – it is more common in “the direct market” (i.e., traditional comics publishing like DC and Marvel) – but it is very different from a partnership.
If you and your collaborator are picturing different models in your heads, putting an agreement in writing will make very clear that you have different expectations. Then you can negotiate what feels fair before moving forward with the work.
Why agents need an agreement in place before submission
If you’re planning to work with an agent and submit the project to publishers, the collaboration agreement should be signed before you go out on submission.
When I submit a project on behalf of a creative team, I need to know who owns what, who can approve a deal, and who will be signing a publishing contract. This makes my “marching orders” as the representative of the creative team clear.
Having an agreement upfront tells everyone, including agents and publishers, that you’re professional, prepared, and in alignment with each other.
The main clauses of a graphic novel collaboration agreement, explained
I am not a fan of unnecessarily “legalistic” agreements. You definitely don’t need a hundred pages or inscrutable jargon.
At the end of this article, I provide the link to download a sample collaboration agreement which covers most of the typical bases. But keep in mind that you should change whatever doesn’t apply or feel right for your particular situation. And if you want to rewrite it in even simpler language, do that!
Here’s an explanation of what most graphic novel collaboration agreements cover:
- The Header
This is where you state who each collaborator is (using their legal name and address), what role they are playing in the collaboration, and the date when the agreement was created.
The purpose of this section is simply to establish the parties involved and how they are being referred to in the agreement.
- Project description and scope
This defines what you’re making and what counts as “the Work.” Is it a standalone book? A series? It should include a very brief description of the project.
- Roles, responsibilities, and workflow
Who is in charge of what? This section identifies who writes the script, who handles the art, who is putting together the pitch, etc. It may include deadlines, or it may not, depending on the situation.
- Ownership and creative control
This is the most important part of the agreement, where you define who owns what, and who has decision-making authority. As I mentioned when I talked above about the default rules of copyright, shared ownership does not automatically mean shared control. So you want to address both of those issues.
In many graphic novel collaboration agreements, the Writer and Artist are 50/50 co-owners of the intellectual property, and mutual written agreement is required for licensing or derivative works. In other words, they have equal ownership, and equal decision-making power.
In this case, the Ownership and Creative Control section can be fairly simple and straightforward. (Hooray!)
However, there can be more nuanced situations. This is why it’s important to think through exactly what feels fair in your case.
For example, imagine a graphic novel memoir based on the life of the Writer. In this case, they may not want the Artist to have equal control over the licensing of Work that is intimately connected to their personal experience. At the same time, they want to honor the significant contribution of the Artist in bringing their story to life.
One way this could be handled is to copyright the work in each creators’ name, but for the Artist to grant a “perpetual, exclusive, irrevocable worldwide license” to the Writer to use their art in connection with the Work.
In this structure, the Artist is not being treated as a hired hand. They retain copyright in their artwork and receive credit and compensation. At the same time, the Writer has the full rights to license and manage a deeply personal story without the risk of creative deadlock.
- Revenue Sharing
How revenue sharing is defined depends on whether the project is primarily being pitched to traditional book publishers, to comic publishers, or for self-published (or crowd-funded) distribution. A good collaboration agreement anticipates the path you’re most likely to take.
If you’re pitching to traditional book publishers
In traditional book publishing, the primary sources of income are usually an “advance against royalties,” followed by royalties once (or if) the advance earns out.
I have seen many sample collaboration agreements online that suggest a straight 50/50 split across the board (i.e., for both advance and royalties). In many cases, I would suggest that this is unfair. The labor involved in creating a graphic novel is often extremely uneven. Drawing a book usually takes FAR more time than writing it.
Because of that, many teams choose an even split of royalties, but uneven split of the advance, usually in the artist’s favor. That does not mean the writer is less important. It just means the financial structure of the agreement reflects actual time and labor.
With graphic novel collaborations, the advance is commonly split anywhere from 70% to the artist and 30% to the writer, to 60% to the artist and 40% to the writer. And there are some cases where a 50/50 split does actually make sense.
I want to emphasize that teams that split the advance unequally still usually split royalties evenly (50/50). That means the writer will “earn out” their portion of the advance sooner, while it will take longer for the artist to earn out (because the artist got a larger share of the advance).
In a collaboration agreement for this path, I usually recommend spelling out:
- how advances are split
- how royalties are split
- whether subsidiary income – like foreign editions, audio, and dramatic rights – follows the same royalty split
If you’re working with comic publishers
Comic publishers often operate quite differently from book publishers.
Some pay “page rates.” Some pay advances. Some pay a mix of page rates plus “backend participation” (ie, a profit share of some kind). Some handle printing and distribution more like licensing than traditional book deals.
Because of that, revenue sharing in comics collaborations often needs more flexibility.
A collaboration agreement aimed at comic publishers might:
- treat page rates as compensation for labor, paid directly to the creator doing the work
- define how backend royalties or profit participation are split
The key here is not to assume that “royalties” means the same thing it does in book publishing. Some comics publishers pay page rates up front, then offer a share of profits after costs are recouped. This is sometimes referred to as royalties, but it’s really not royalties, it’s profit sharing.
The tl;dr here is: royalties are calculated from revenue, while profit sharing is calculated only after expenses are deducted.
In other words, royalties are a percentage of revenue, usually calculated from the book’s cover price (list price), or net receipts (what the publisher actually receives from retailers; in other words, the wholesale price). Royalties are not dependent on whether the publisher makes a profit. (Although publishers typically structure royalty rates so that they DO make a profit, of course.)
Profit sharing means the creator receives a percentage of “profits”—after the publisher deducts expenses. This is riskier, but even more importantly, can be less transparent than royalties. This is because what the publisher defines as “expenses” for publishing a graphic novel can be quite amorphous.
The bottom line is that your collaboration agreement should define what revenue is paid directly to the person doing the work, and what revenue streams are shared.
If you’re self-publishing or crowdfunding
Self-publishing and crowdfunding introduce a different set of questions, because collaborators are often acting as both creators and publishers.
Revenue may include:
- crowdfunding pledges
- direct sales
- digital sales
- licensing
- merchandise
Expenses also become more visible. Printing, shipping, platform fees, advertising, and fulfillment all come off the top.
In this model, a collaboration agreement should be very clear about:
- what counts as gross revenue
- what expenses are deducted before any split
- how profits are calculated and split, and when they’re paid
- who controls pricing, discounts, and promotions
Some teams split net profits evenly. Others allocate a larger share to the person handling fulfillment, marketing, or ongoing admin. Both approaches can work, as long as the plan is explicit in the agreement.
A final thought on revenue
There is no single fair split that works for every project. What matters is that your agreement reflects:
- the labor each person is contributing
- the financial risk each person is taking
- the publishing path you are realistically pursuing
Since there is no “right” or “wrong” answer regarding revenue sharing, you just need to decide what feels fair for your project, and make sure that you’re all on the same page and have agreed on it in writing. If you can explain the split out loud and have it make sense to both of you, you’re on the right track.
- Copyright registration
This section simply declares how the copyright will be registered. It can include the exact language that the collaborators want, such as “Text copyright © [Year] by WRITER NAME. Illustrations copyright © [Year] by ARTIST NAME.”
Keep in mind that the name used for copyright may not be the same as a creator’s legal name. Creators often register copyright in their pen name, or the common version of their name (ie, “Cathy” instead of “Catherine”).
- Credit and attribution
This section spells out how the creators’ names will appear on the book, on the cover, and in marketing, and how credit works for sequels or adaptations.
- Sequels and Derivative Works; Replacement Collaborators
This clause isn’t necessary in all collaboration agreements, but it is relevant in cases where a project has shared ownership, long-term potential, and a real chance that one of the collaborators (or both) may not be available forever. It answers the question: what happens if the IP has ongoing potential, and one or both of the collaborators can’t (or doesn’t want to) continue working on it?
If this situation seems possible, including a clause that defines how “replacement collaborators” would be brought on board and compensated is a good idea. It allows the project to continue, while protecting the original creators’ ownership and credit, and clearly defining how a replacement collaborator fits into the picture.
- Confidentiality
Many agreements include confidentiality clauses. Personally, I’m ambivalent about them.
On the one hand, there are situations where confidentiality makes sense, especially around deal terms. On the other hand, overly broad confidentiality clauses can make creators nervous to share their work publicly or talk about their process. When you’re unsure what is OK to share, the easiest option is not to share anything at all. This is NOT GOOD when you’re trying to build an audience for your work.
If you do want to include confidentiality language in your agreement, make it clear and narrow. Or decide together that you don’t need it at all.
- Expenses
This section describes what expenses might be incurred, how they’re approved, and how they’re reimbursed.
Typical language might be something like, “The Collaborators shall share equally in any agreed-upon expenses necessary for the completion or promotion of the Project. If one Collaborator advances expenses, they are entitled to reimbursement from the first revenue received.”
This means that if one person on the team needs to spend money to move the project forward, they will track those expenses, and when an advance is received from a publisher, they will be reimbursed those expenses from the other collaborator.
- Warranties and indemnities
The “Warranties and Indemnities” clause is included in almost every contract. In this clause, each collaborator promises (“warrants”) that their contribution is original and doesn’t infringe on someone else’s rights.
Each collaborator also “indemnifies” the other. Translated into normal language, what this means is: “If I break this promise, and you get into trouble because of it, I have to protect you and cover the consequences.”
- Dispute resolution
If there’s a conflict, this section explains what happens first. It usually starts with “good faith negotiation,” then “mediation.” If both those strategies fail, it lists under the laws of what state the dispute may be resolved via legal arbitration.
- Termination and what happens if you part ways
This section might make you feel uncomfortable, but it’s quite important. It answers the question: what happens if this collaboration needs to end? Obviously it’s not uncommon that projects stall, priorities change, and sometimes a partnership just isn’t the right fit anymore. Clear termination terms protect both the relationship and the work.
It should address the common reasons why collaborations end, and what happens in each case:
- Termination by Mutual Agreement (ie, both collaborators decide that the project isn’t working anymore)
- Termination for Inability or Failure to Perform (ie, one of the collaborators isn’t meeting their obligations)
- Termination for Withdrawal (ie, one of the collaborators decides they can’t continue; this could be due to any number of reasons)
The most important things to agree on in each case would be: 1) who owns the work that was created prior to termination; and 2) does either party retain the right to continue developing or publishing the Work.
A Specific Type of “Termination for Withdrawal”: What if you get an offer, but the money doesn’t work for everyone?
This is one of the trickiest situations for graphic novel collaborators, and also, unfortunately, fairly common.
Here’s what could happen: A team submits a project. An editor loves it and sends an offer. But then, as the creators look at the numbers, one of them (usually the artist) realizes it’s not financially feasible.
The reason for this is that advances for graphic novels can often be modest given the amount of labor involved, especially for debut creators. For a writer, the advance might feel low but workable. For an artist, who might be looking at a year or more of full-time drawing, that same advance can be financially impossible.
Without clear language in a collaboration agreement, this situation can create real tension. One collaborator may feel pressured to accept an offer they can’t afford. The other may feel blindsided if their collaborator suddenly says, “I can’t do this.”
If you feel like this situation could apply with your project, you should address it directly by including something like a “Termination Due to Insufficient Publishing Offers” clause. This provision allows the artist to step away if, after good-faith consideration, the available publishing offers are not enough to compensate them for the amount of time they would need to complete the work.
In those cases, the artist retains ownership of the work they created, and the writer is free to continue the project with a different artist, as long as the original artwork is not used without permission.
This kind of clause gives the artist an exit ramp that doesn’t require apologizing for needing to pay their bills. And it prevents the entire project from being frozen because one person can’t move forward under the offered terms.
Not every collaboration needs this clause. But if you’re targeting traditional book publishers, and especially if one collaborator will be doing the bulk of the production labor, it’s worth at least talking about. Discussing it upfront usually deepens trust rather than undermines it.
- Entire agreement and amendments
This is the housekeeping language that says this document is the entire agreement, and that any changes need to be made in writing.
Download a Graphic Novel Collaboration Agreement Template
It’s not possible to predict every possible future for yourselves and your work, but a collaboration agreement does ensure the most stable foundation from which to begin.
If you can talk through these issues together at the beginning, you’re far more likely to still enjoy working together at the end.
Click here to download a sample agreement that you can edit for your own specific situation.
Any Questions?
Anytime legal or financial considerations are involved, things can easily get confusing or overwhelming. If you still have any questions after reading this, please leave a comment below!
