2025-04-21
Co-Writing Agreement for Authors: IP Ownership and Credit Split (Gaming & Entertainment)
Miky Bayankin
Story collaboration in gaming and entertainment can be electric: one writer nails the worldbuilding, another delivers razor-sharp dialogue, and together you cre
Co-Writing Agreement for Authors: IP Ownership and Credit Split (Gaming & Entertainment)
Story collaboration in gaming and entertainment can be electric: one writer nails the worldbuilding, another delivers razor-sharp dialogue, and together you create something neither of you could have built alone. But co-writing also creates unique legal and business friction—especially when the work expands into a game narrative, a transmedia franchise, DLC, a comic spin-off, or a streamed actual-play adaptation.
As a service provider (freelance narrative designer, writer-for-hire, or independent author collaborating with another writer or studio), you need clarity on two things early:
- Who owns what (IP ownership), and
- How you’ll be credited and paid (credit split and commercial terms).
This post breaks down how a solid co-author agreement (also called a story collaboration contract or collaborative writing contract) handles IP ownership and credit splits—specifically for gaming and entertainment projects where rights and revenue can multiply fast.
Why co-writing agreements matter more in gaming & entertainment
In gaming, story assets are often modular and reused: character bibles, quest lines, lore entries, cinematics, item descriptions, dialogue trees. That means your “writing” is not just a manuscript—it’s a rights bundle that can be repurposed across:
- Base game + patches + expansions
- Cutscenes, trailers, and marketing copy
- Novelizations and comics
- Merch and licensing
- Streaming adaptations or interactive shows
Without a clear agreement, collaborators can end up in disputes over:
- Whether one writer can reuse ideas in another project
- Who has final say on story direction
- How credit appears in-game and in promotional materials
- Whether royalties apply (and to which revenue streams)
- Whether one party can sign a deal with a publisher/platform without the other
A properly drafted collaborative writing contract reduces misunderstandings and protects the relationship—especially when the project starts as “just a fun collab” and later becomes valuable.
Co-writing vs. work-made-for-hire vs. joint authorship (why the label matters)
Before drafting terms, you need to define what kind of legal relationship this is. In practice, story collaborations often fall into one of these buckets:
1) True co-writing (joint development, shared control)
Both parties contribute creatively, and the end product is meant to be a single integrated work. This can create joint authorship by default in many jurisdictions—often meaning shared rights, shared ability to license (sometimes with accounting), and shared obligations.
Risk: If you don’t define ownership and licensing rules, default law may apply in ways neither of you expect.
2) Work-made-for-hire / writing services (service provider creates for client)
A studio or lead creator hires a writer to develop story materials. Often the client owns everything upon creation or upon payment.
Risk: If you’re the service provider, you may lose all rights (including portfolio rights) unless the contract carves them back.
3) Hybrid collaboration (shared creation, but one party owns the “franchise”)
Common in entertainment: one collaborator brings pre-existing IP (a world, characters, a game concept), and the other builds story content within it.
Risk: The contributing writer may accidentally grant more than intended—or end up with no meaningful rights or credit if not specified.
A strong story collaboration contract makes the relationship explicit and prevents “we assumed…” conflicts.
The two core issues: IP ownership and credit split
A. IP Ownership: “Who owns the story, characters, and lore?”
IP ownership clauses should address at least five categories:
1) Background IP (what each party already owns)
This includes:
- Existing characters, settings, prior scripts, existing game concepts
- Tools, templates, and proprietary writing methods
- Existing story bibles or previous drafts
Contract goal: Each party keeps what they brought in, and the agreement defines how the other party may use it for the project (license scope).
Clause concept:
- “Each party retains all right, title, and interest in their Background IP. Each grants the other a limited license to use Background IP solely to develop the Work.”
2) Foreground IP (what you create together)
This is usually the meat of the agreement: the new characters, plotlines, dialogue, and story assets created during collaboration.
You typically choose one of these models:
Model 1: Joint ownership (e.g., 50/50 or weighted split)
- Both are co-owners of the new material (Foreground IP).
- The contract must state how licensing decisions happen (unanimous consent vs. majority vs. lead writer control).
- Define accounting and revenue sharing.
Model 2: Single owner + license back
- One party owns the Foreground IP (often the studio, publisher, or lead creator).
- The other party receives payment, credit, and potentially a limited license for portfolio use.
Model 3: Assignment triggered by payment or milestone
- Ownership transfers upon full payment or acceptance.
- Useful when the service provider wants leverage until invoices are paid.
Service provider perspective tip: If you’re not receiving ongoing royalties, consider tying assignment to full payment and adding clear credit + portfolio rights.
3) Derivative works (sequels, DLC, spin-offs, adaptations)
Gaming projects almost always generate derivatives. Your agreement should define:
- Who can write sequels
- Whether the co-writer must be offered future work (right of first negotiation/refusal)
- Whether characters/lore can be reused outside the original project
- Whether adaptations (film/TV/comics) are included in “the Work”
Common pitfall: A short co-author agreement that never mentions DLC or transmedia, leaving the most valuable rights ambiguous.
4) Moral rights and approvals (where relevant)
Depending on jurisdiction, authors may have moral rights (attribution, integrity). Even where waivable, studios often require waivers to avoid approval bottlenecks.
In entertainment, approvals can slow production. If you need creative protection, negotiate:
- Approval over substantial changes to your credited contributions, or
- Consultation rights (non-binding), or
- A “no derogatory treatment” standard.
5) Confidentiality and spoilers
Story leaks are a real business risk. A good collaborative writing contract includes:
- NDA language
- Permitted disclosures (e.g., to agents, lawyers)
- Portfolio display timing (often after public release)
B. Credit Split: “How will names appear—and what does credit mean?”
Credit is not just ego in gaming and entertainment. It affects:
- Reputation and future gigs
- Eligibility for awards
- Visibility in communities and on platforms
- Negotiating power for sequel work
A credit clause should define format, placement, and contingencies, not just percentages.
1) Define the credit type and exact wording
Examples:
- “Written by [Name] and [Name]”
- “Story by…” vs. “Narrative Design by…” vs. “Additional Writing by…”
- “Lead Writer” and “Co-Writer”
Tip: Don’t assume the studio’s default credits match your expectations. Nail down the precise credit line.
2) Decide the credit split method
Common approaches:
- Equal credit (50/50) where both contributed across the board
- Role-based credit (Lead Writer vs. Co-Writer)
- Contribution-based credit (e.g., one does 70% of script pages; the other does lore bible + branching structure)
Avoid vague standards like “credit will be determined later” unless you add a binding process.
3) Credit placement and minimum visibility
Specify where credit appears:
- In-game credits (required)
- Store pages / marketing (optional but valuable)
- Press releases, website, Kickstarter page, Steam page, etc.
If you’re a service provider, you can propose:
- In-game credit guaranteed
- Marketing credit “where customary” or “where reasonably practicable”
- A prohibition on removing your credit unless you materially breach the agreement
4) Pseudonyms and brand consistency
Many writers use pen names. Include:
- Legal name for payment and paperwork
- Public-facing name for credits
- Consistency across platforms (IMDb-equivalent databases, MobyGames, etc.)
5) What happens if the project changes?
Games evolve. Entire questlines get cut. Address:
- If your content is removed, do you still get credit?
- If your content is rewritten, does credit change?
- If the project is canceled, can you list “unreleased project” privately?
A fair approach is “credit if materially used,” plus a minimum credit if you delivered agreed milestones.
Revenue, royalties, and payment: the “silent partner” of credit split
Even if your primary focus is IP and credit, commercial terms must match the ownership structure.
Common payment models in story co-writing
- Flat fee per milestone (outline, draft, revisions)
- Per-word/per-page (less common in games but possible)
- Revenue share/royalty (common in indie collaborations)
- Hybrid (reduced fee + backend participation)
Royalty definition must be precise
If you use revenue share, define:
- Gross vs. net (and what expenses can be deducted)
- Reporting frequency and audit rights
- Platform fees, refunds, chargebacks
- Publisher recoupment and advances
- Currency conversions and taxes
Service provider perspective tip: If you’re taking backend instead of cash, negotiate audit rights and a clear “net revenue” definition. Otherwise, “net” can become “whatever is left after everything.”
Decision-making and creative control (often the real source of conflict)
A co-author agreement should define how you resolve creative disputes, especially when delivery deadlines are tight.
Consider clauses for:
- Creative lead authority (one party has final say)
- Mutual approval for major story pivots (e.g., changing protagonist, ending)
- Deadlock resolution (mediation, tie-breaker, or splitting the work)
- Revision rounds (how many are included, what counts as out-of-scope)
This is where many “co-writing agreement template” documents are too generic—gaming projects need operational clarity.
Practical contract sections your co-writing agreement should include
If you’re looking at a co-writing agreement template, make sure it covers these sections (and tailor them to gaming/entertainment):
- Parties and project definition (what “the Work” includes—script, lore, dialogue, bibles, branching narrative docs)
- Scope of services (deliverables, milestones, format, tools, meetings)
- Term and termination (what happens if someone quits or misses deadlines)
- IP ownership (Background vs. Foreground, assignment, licensing, derivatives)
- Credit split and placement (exact language, where it appears, conditions)
- Compensation (fees, royalties, payment schedule, expenses)
- Approvals and decision-making (lead authority, revision limits, deadlock process)
- Confidentiality + publicity (spoilers, announcements, portfolio rights)
- Warranties/indemnities (originality, no infringement, limits on liability)
- Dispute resolution (governing law, venue, mediation/arbitration)
Example negotiation scenarios (so you can spot red flags)
Scenario 1: “We’ll split everything 50/50” (but one person owns the game)
If one collaborator owns the studio account, publisher relationship, and distribution channels, a “50/50” promise without reporting/audit mechanisms can be meaningless.
Fix: Add revenue reporting, audit rights, and clear royalty definitions—or choose a clean fee + credit model.
Scenario 2: One writer brings existing characters
The other writer may still contribute new characters and plot arcs that become valuable.
Fix: Define Background IP vs. Foreground IP and clarify reuse rights (can the “franchise owner” reuse new characters outside the project? If yes, is there compensation or attribution?).
Scenario 3: Credit gets minimized at launch
Studios sometimes compress credits or change titles.
Fix: Lock the credit line and require “no less favorable credit than…” plus placement requirements.
Best practices for service providers entering a co-author agreement
- Put ownership in writing early. “We’ll figure it out later” is how disputes start.
- Define deliverables like a producer. Include file formats, meeting cadence, revision rounds, and what “final” means.
- Separate credit from payment. They can be linked, but they are not interchangeable.
- Protect portfolio rights. Even if you assign IP, negotiate the right to show excerpts after public release (or under NDA privately to prospective clients).
- Plan for success. Sequels, DLC, adaptations—address them while everyone is excited and cooperative.
Do you need a co-writing agreement template—or a custom story collaboration contract?
A co-writing agreement template is a good starting point if:
- The project is small and low-risk
- The rights are straightforward
- There’s no publisher, no licensing, and no transmedia plan
But gaming and entertainment projects often involve:
- Multiple revenue streams
- Publisher/platform requirements
- Evolving scope and iterative rewrites
- Cross-border collaborators
In those cases, a more tailored story collaboration contract (or a properly customized co-author agreement) is worth the effort—because the “real value” may appear a year later when the project takes off.
If you want a faster way to generate a strong first draft you can review and refine, you can use an AI-powered generator to structure the core clauses (ownership, credit, derivatives, and payment) in minutes. In the last step, have a qualified attorney review anything that will be signed for a commercial release.
To generate a draft that reflects your specific collaboration setup (equal co-writers, lead + contributor, studio + freelancer, royalty vs. flat fee), try Contractable, an AI-powered contract generator: https://www.contractable.ai
Other questions readers ask (to keep learning)
- What’s the difference between a co-author agreement and work-for-hire in game writing?
- How do you split IP ownership when one writer created the original world or characters?
- How should credit be written for “Story by” vs. “Narrative Design by” in games?
- Can co-writers each license the story independently if the contract is silent?
- What should a revenue share clause include for indie games (gross vs. net)?
- How do you handle DLC, sequels, and adaptations in a collaborative writing contract?
- What happens if a co-writer misses deadlines or stops responding mid-project?
- Should writers keep approval rights over story changes, or is consultation enough?
- How do NDAs and spoiler rules work when you want to show portfolio samples?
- What are common red flags in a co-writing agreement template found online?