Keeping Your Story Safe – Contracts, NDAs, and Agreements With Your Illustrator
When I was first writing my children’s book, I met with an author from Eureka Springs, Arkansas, who happens to also be a friend of the family. Her name is Dr. Ashley Wellman. She has written several books and also owns a bookstore and gallery in Eureka Springs. One of the first things she told me when I met with her was that no matter who my illustrator was going to be, I needed a contract. Things can get sticky, and you can find yourself going quickly down a slippery slope, even with family members with whom you go into business. Having a family illustrator is no exception. Now, this is not to say that I do not trust my niece; it’s just as they say, “the cost of doing business.”
So, I researched several contracts. There are free ones that you can download online and use. I ended up downloading three different ones and combining them into one contract because I liked the wording in some categories of the contract better than others. I also wanted to make it my own. And, I was very transparent about having a contract. From the beginning, when I approached my niece about being the illustrator for my children’s book, I made it clear that there would be a contract and explained the reasoning behind it. She was completely on board. I would say any professional would be on board with a contract. If they are not, then maybe you need to consider that and not hire them.
But why are contracts really that important? Contracts are essential when hiring an illustrator because they clearly define expectations and protect both the author and the artist. By outlining the project scope, payment terms, intellectual property rights, and usage permissions, a contract helps prevent misunderstandings and ensures a professional working relationship. For the author, a contract guarantees ownership of the final artwork—especially when a “work-for-hire” clause is included—allowing use for reprints, marketing, merchandise, and other purposes. It also defines the project in detail, specifying the number of illustrations, their style, and any particular requirements, while setting clear responsibilities and deadlines for providing content or feedback. For the illustrator, a contract ensures timely and agreed-upon payment, protects their intellectual property by clarifying which rights they retain, and establishes terms for additional usage, including negotiating fees for uses beyond the original agreement. In the event of a dispute over payment, ownership, or scope, the contract provides a legal framework for resolution, giving both parties confidence and clarity throughout the project.
Next, let’s talk about NDAs, rather Non-Disclosure Agreements. NDAs protect not only you as the author and your work, but they also protect the company that you are working with, whether it be a POD company or a printing company. Unlike a contract, an NDA is a short paragraph stating that the company you are hiring or going through will not disclose your book to another person, which would open it up to being copied. An NDA ensures that your work is kept confidential. Most printing companies have one for their employees to sign, and you can sign it too. This is fine to use as it covers the same as if you were to produce your own. It is a good idea, however, to ask this question when you are interviewing the companies, because most people do not think it is all that important. But, you do want to protect your work. Now, is it likely that your work will be stolen? Probably not, but it has happened. Some authors, in my research, suggested having one, while others did not see the value in it. It is totally up to each individual. It does not make a person paranoid, nor does it make a person unwilling to let go of control. It is just an extra precaution.
One thing I did not research, though, because at this point I already knew I was going to be using a printing company, is what POD companies do in this case. I do know, however, that traditional publishing companies will not sign an NDA. Your manuscript is automatically protected by copyright the moment it is written or recorded on paper, and registering your copyright provides a legal safeguard against idea theft. NDAs, however, are often impractical when dealing with publishing professionals. Editors and publishers receive a constant stream of submissions and typically see NDAs as an unnecessary obstacle and time-consuming legal formality. Additionally, publishers have little motivation to steal ideas, as their primary focus is on evaluating the quality of submissions and the effort involved in executing a project, rather than taking someone else’s concept.
In summary, whatever you decide to do is ultimately up to you as far as having a contract, an NDA, or another type of agreement. Just remember, especially if there are no contracts or agreements, expectations, among other important points, can be misunderstood, or perceived differently than what you had intended. It is better to be transparent up front than to try and go back after the fact. And, it is professional and covers everyone involved.
