On Writing : Legal Question by Hayley Kelley

Hayley Kelley

Legal Question

I am about to work with an illustrator for one of my books I have written but I'm wondering if it is appropriate to ask her to sign an agreement so that my work is protected? That's not to say I don't trust her, I do, but I want to make sure I do this the right way, are there any resources out there or templates for agreements?

Thanks....

C Harris Lynn

Yes. An NDA/NDNC is standard practice and highly recommended. Just do a search for "boilerplate" NDA and modify it to fit your needs. You can also legally cross-out (in ink) anything on a contract with which you disagree and it remains a binding contract. I suggest initializing anything you strike.

Hayley Kelley

C Harris Lynn Thank you very much for the info.. I had been of the persuasion that an NDA ought to be signed, even though I anticipate no issues, I just thought it was the correct way to go about things... just wanted to be sure though... Thank you!

Hayley Kelley

A. S. Templeton All great and valid points.. thank you for all the info!

Amber Greenlee

It is perfectly okay to have her sign a contract ahead of time. This way if there is any issue, you two can go back to the contract. Also, lay out an agreed upon payment/page rate so there is no issue. When I draw a project, I usually take 1/2 or 1/3 up front with 2-3 payments unto completion of the project. So if it is 3 payments altogether, I'll get one in the beginning, 1/2-way through, and one upon completion and acceptance of the final work. If it is only 2 payments, 1/2 up front, 1/2 on delivery.

Give her some time between her deadline and yours. This way if there are any changes you need, she has time to do them before the pages must be delivered to your editor/publisher/printer.

Richard F. Russell

Agreements protect both parties. She won't get your work; you won't get her illustrations. Always better to understand the working relationship.

Hayley Kelley

Amber Greenlee Thank you Amber, yes I like the 3 part payment system.. keeps things on track! Richard F. Russell , thanks Richard, protecting both our interests is the only way to go. Thanks again guys!

David E. Gates

I got a proof-reader to sign an NDA. It's just a formality that protects you to a degree. If they have issues signing it, you'd have to wonder what their motivation is for doing the work.

Hayley Kelley

Thank you all, she has no concerns with signing the NDA, so that's good.. we are meeting next week to begin the process... can't wait!

Andrew Essiet

Copyright your work. It's the best coverage to get.

Hayley Kelley

@Andrew Essiet Thanks ... I will def do that.. I have done that with a couple of my songs/lyrics already!

Andrew Essiet

It is the surest way and easy too.

Andrew Essiet

Who needs a Film Scorer???

Andrew Essiet

Hey Hayley, did you find the illustrator or can I help as one among the best? Thanks.

Hayley Kelley

Great advice everyone, and whilst unexpected, once an 'agreement' came up in conversation, the illustrator's interest has 'dwindled'... bout say's it all right there!!!

Patricia M Bates

Protect yourself and her, have a written agreement in place. Speaking from experience, if you don't have a detailed agreement in place, you're opening the door to a lot of unnecessary stress and headache later if things go sideways.

Nikki Ackerman

Explain that it's to protect both of you. If they aren't interested in protecting their work and your work, find a new partner.

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