What is a collaboration agreement?

Collaborating is the new competing. Whether you want to make a hit series, organise a joint exhibition or develop an app, a collaboration agreement is the way to keep the collaboration running smoothly. But what does such an agreement actually involve, and why does it matter to draw one up?

What goes into a collaboration agreement?

A good collaboration agreement answers three important questions:

1. What are we going to do?

Describe the aim of the collaboration: what do you want to achieve together? That may seem self-evident, but writing it down explicitly helps to get everyone on the same page. By setting it out expressly in the agreement you make sure that everyone has the same expectations.

2. Who does what?

Divide the tasks and responsibilities. Who is responsible for what, and how is that checked? By recording these arrangements in the agreement you avoid later argument or uncertainty about who was supposed to do what. Think of drawing up a division of tasks or setting deadlines.

3. What if something goes wrong?

It is precisely when everything seems to be going smoothly that it is sensible to record what happens if the collaboration ends or problems arise. How can the collaboration be brought to an end? What are the consequences? Think of arrangements about finances, intellectual property such as copyright and trade mark rights, and how you deal with conflicts or unexpected situations.

You can also include additional arrangements in a collaboration agreement, such as exclusivity clauses, how results and revenues are divided, and how confidential information is handled.

How do you draw up a collaboration agreement?

A good collaboration agreement starts with an open conversation. Discuss what you expect of one another, what goals you want to achieve, and where the possible sticking points lie. You then set those arrangements down in a legal agreement.

Although you can draw up a collaboration agreement yourself, it is sensible to involve a lawyer. They can think the important points through with you and make sure the agreement is crystal clear and watertight. That prevents not only misunderstandings but legal problems in the future.

A lawyer can help, for instance, with drafting provisions on intellectual property, liability and the division of financial risks. That is particularly important where you are working together on high-value projects, such as an app or a film.

What are examples of a collaboration agreement?

There are countless situations in which a collaboration agreement is useful. Think of:

• jointly developing an app;
• producing a film or TV series;
• starting a joint business or project;
• working together on an exhibition or event.

In all of these cases drawing up a collaboration agreement is essential. It means you know exactly what you can expect of one another, who has which responsibilities, and what happens when the collaboration ends. A clear collaboration agreement can prevent a great many problems in the long run and offers certainty to everyone involved.

A collaboration agreement is indispensable in any form of collaboration. It provides clarity, protects interests and helps prevent conflicts. Whether you are working on a creative project or embarking on a business venture, invest in a good collaboration agreement. It is the basis for a successful and trouble-free collaboration.