Legal Question in Intellectual Property in Florida

I'm an independent author that is working on a graphic novel with an artist. We're trying to establish a legal agreement between ourselves.

Here's the deal,

I'm am essentially the project's creator and writer. My friend creates the art for my piece as well as creates the finished work with implementing my scripts, inking, ect. He also brings to life the idea and descriptive characteristics of the characters I conceptualize in my script and by my descriptions. I then evaluate them and finalize them as the character. I got advice regarding this and it's generally understood that (without legal documentation) he is the author unless you put that it in writing. So I automatically thought about joint copyright where we are bound by a collaboration agreement for the work. My biggest concern however is on the instances where he leaves as co-author in the middle of the project (say if like we are in book four). What then? Who owns what and by how much? Well based on a collaboration agreement that we'd be using, it states that I would own full rights to the scripts and proceeds there of, and he would own full rights to his art and proceeds there of (but I am thinking about editing this so that 60% of the art belongs to him and 40% to me and in the script, 60% belongs to me and 40% belongs to him, just so I have the ability to sell his artwork on my end for profit of 40% where he keeps the majority). The work, or the binding (result) of both these intellectual properties would be owned by both authors at 50/50.

Now the real questions,

1. Suppose he does leave, will I commit copyright infringement in using the characters he created (in art), but not the initial art he had already drew to continue to book five with another artist since I still am co author of the work and define who the character is in my script? For example, if he had already started book five and stopped on page 8 and left. Now here comes a new artist to work on the project and he will be starting from book five and continue on but from the first page. Am I ok and do I owe him nothing past book 4?

I already know that the concept and soul of Lida I would own since that is portrayed in my intellectual property aka my script, but this does nothing and would waist money on my end if the artist leave and I have to start all the way back at book one just to change the art to avoid copyright infringement!

1 Answer from Attorneys

Related Questions & Answers

More Intellectual Property questions and answers in Florida

Looking for something else?