Do you have a great idea for a book?

I just had lunch with a friend of mine who has a fantastic idea for a book, a potential co-author and a possible publisher. Because I’ve seen friendships and business partnerships totally blow-up over poorly spelled out rights to the final product, and I just got my own book ready for publication, I decided that I would write an article about the basic legal steps that every one should take before starting their book.

Here are three things to do before you even put your pen to paper (or fingers to the keyboard) to help keep the peace before, during and after your book climbs to #1 on the New York Times best seller list:

1.  Determine Your Intellectual Property

2.  Protect Your Intellectual Property

3. Put Your Agreements in Writing

1.  Determine Your Intellectual Property.

Who is writing the book? Who owns what and how much? And by that I mean: who owns the title, the content and any opportunity for sequels, speaking engagements, film rights, related products, or any thing else that could ever arise out of the publication of your material? Do you own all of it and will you be the only person with decision making power; or, if you have a co-author, will the two of you own it equally and have equal rights to make decisions about future financial opportunities such as whether or not you sign a publishing contract or hire an agent? If some one else is involved, it is especially important to be clear about your expectations from the outset.

Now you may feel a bit uncomfortable, at first, approaching someone and bringing up your legal rights, but I’ve had this conversation myself with potential co-authors and it’s actually a pretty easy conversation to have when you let your friend or potential co-author know that the reason you are talking about these things is because you value your relationship with them and want to make sure that you protect that relationship by making sure that you are both on the same page. And anyone who objects to having a conversation about logistics like this is probably not some one you would want to be involved with long-term, so consider rejection at this stage of the process a real blessing if that’s the response you get. To make it real easy on yourself, just email them this article. In fact, why not share it with all the aspiring authors that you know?

2.  Protect Your Intellectual Property.

You may want to have people that you talk to about your intellectual property (such as your book) sign a Non-Disclosure Agreement (“NDA”). You can click here for a basic template that you can edit and change to suit your purposes. Better yet, if you can afford it, you can go to a good attorney and have him or her draft a custom one. As always legal advice is not provided here.

You should also secure any domain names, including, if available, yourname.com, and protect your copyright on all your materials, including your website or WordPress site, with language similar to what I have included at the bottom of my own website and WordPress site (see below in the ‘footer’ column) . At the very least use the phrase “All rights reserved.”

3.  Put Your Agreements in Writing.

Any agreements with co-authors, co-contributors, publishers, editors, ghostwriters and any one else involved in your project should be in writing. That way, everyone involved is clear about roles and responsibilities, legal rights, obligations and intentions and you can refer back to the written agreement if any questions arise. The type of agreement that you need varies from case to case but some to consider are independent contractor agreement, publishing contract and licensing agreement. If you and your co-author are going to share ownership of the book and related projects, you may wish to form a business entity, such as an LLC or corporation and have an operating or shareholder agreement that sets forth the ownership interests as well as the ability to accept speaking engagements, sign contracts and sell the rights to any portion of the material.

If this has been helpful please let me know by leaving me feedback. Did any other questions come up while you read this article? List them in the comments section and I will respond. Thanks!

 

Ms. Lotzer has been a business lawyer for 15 years. During that time she has advised thousands of clients and prospective business owners on all aspects of business ownership and business law. She’s also an author, speaker, entrepreneur and CEO with first hand experience starting and running successful companies.

 

Like Art & Culture on Facebook.

Ed: Brianna Bemel