A course co-production contract is essential for ensuring a smooth collaboration between a producer (course creator) and a co-producer (marketer, strategist, or investor). Without a clear contract, misunderstandings about ownership, revenue sharing, responsibilities, and rights can lead to conflicts or even legal disputes.
This article will guide you through the key elements of a course co-production contract, helping you create a legally sound agreement that protects both parties.
1. Why a Course Co-Production Contract is Essential
A co-production agreement defines the rules of the partnership and sets clear expectations for both the producer and co-producer.
Key Benefits of Having a Contract:
✅ Avoids misunderstandings – Clearly defines roles, payments, and expectations.
✅ Protects intellectual property – Prevents disputes over content ownership.
✅ Ensures fair revenue sharing – Outlines how profits and expenses will be split.
✅ Reduces legal risks – Specifies liability, refund policies, and contract termination terms.
💡 Pro Tip: Even if you trust your partner, always put everything in writing to avoid future complications.
2. Key Elements to Include in a Course Co-Production Contract
A well-structured contract should cover the entire collaboration process, from content creation to revenue sharing and potential disputes.
1. Course Ownership & Intellectual Property (IP) Rights
One of the most critical aspects of the contract is who owns the course content and whether both parties have equal rights to use and sell it.
🔹 Joint Ownership: Both parties have equal rights to use, sell, and modify the course.
🔹 Exclusive Ownership by One Partner: One partner owns the course, while the other receives a share of revenue.
🔹 Limited Licensing Agreement: One party licenses the content to the other for a specific period.
💡 Pro Tip: If both partners create content, joint ownership is usually the best option.
2. Roles & Responsibilities of Each Partner
Clearly define who is responsible for what to avoid conflicts.
📌 Producer’s Responsibilities (Course Creator):
✅ Course content creation (videos, PDFs, slides, quizzes)
✅ Ensuring course quality and updates
✅ Managing the course platform
📌 Co-Producer’s Responsibilities (Marketing & Sales Expert):
✅ Course marketing strategy and execution
✅ Sales funnel and conversion optimization
✅ Handling paid advertising and promotion
💡 Pro Tip: The contract should include deadlines and performance expectations for both parties.
3. Revenue Sharing & Payment Terms
Define how profits and expenses will be divided and the payment schedule.
🔹 Percentage Split Model: Common ratios are 50/50, 60/40, or 70/30, depending on contributions.
🔹 Fixed Payment Model: One partner gets a fixed fee rather than a share of sales.
🔹 Tiered Payment Model: Revenue split changes based on sales milestones (e.g., 60/40 for the first 100 sales, then 50/50).
📌 Payment Schedule: Define when and how payments are made (weekly, monthly, or per sale).
💡 Pro Tip: Use an escrow or automated payment system (like Stripe Connect) to ensure transparent revenue distribution.
4. Course Pricing & Discounts
Determine who has the final say on course pricing, discounts, and promotions.
📌 Pricing Decisions: Does the producer or co-producer decide on the price?
📌 Discounts & Sales: Can one partner offer discounts without the other’s approval?
📌 Refund Policy: Who handles refunds and chargebacks?
💡 Pro Tip: Setting minimum and maximum pricing limits can prevent conflicts.
5. Marketing & Branding Rights
Define how the course can be marketed and whether both partners can use their branding.
📌 Can both partners use the course name and logo?
📌 Who controls the official website and social media pages?
📌 Is the co-producer allowed to run ads on their own?
💡 Pro Tip: Establish clear brand guidelines to keep messaging consistent.
6. Confidentiality & Non-Disclosure Agreement (NDA)
Protect your course content, marketing strategies, and student data with a confidentiality clause.
📌 What information is considered confidential?
📌 How long must both parties keep information private?
📌 What happens if confidentiality is breached?
💡 Pro Tip: Have all employees, freelancers, and vendors sign an NDA as well.
7. Liability & Legal Responsibilities
Clearly define who is responsible for legal issues, such as student complaints, refunds, or copyright claims.
📌 Who handles customer support and complaints?
📌 What happens if the course receives legal action (e.g., plagiarism claims)?
📌 Who is responsible for tax reporting and legal compliance?
💡 Pro Tip: Use a liability waiver in your course terms of service to reduce legal risks.
8. Exit Strategy & Contract Termination
Plan for how the partnership will end, whether due to mutual agreement or disputes.
📌 What happens if one partner wants to leave?
📌 Can one partner buy out the other’s share?
📌 Who keeps the rights to the course after termination?
💡 Pro Tip: Include a dispute resolution clause to handle conflicts through mediation before legal action.
3. Tools & Resources for Drafting a Course Co-Production Contract
To create a legally binding contract, you can:
📌 Use Online Contract Templates – Sites like Rocket Lawyer, DocuSign, or PandaDoc offer customizable templates.
📌 Consult a Business Lawyer – A legal expert ensures your contract follows local regulations.
📌 Use Digital Signature Tools – Platforms like DocuSign or HelloSign make it easy to sign contracts remotely.
💡 Pro Tip: Keep a backup copy of the signed contract on a secure cloud storage like Google Drive or Dropbox.
Final Thoughts: Protecting Your Course Co-Production Partnership
A strong course co-production contract ensures fairness, transparency, and legal protection for both parties.
By clearly defining ownership, roles, revenue sharing, marketing rights, and exit strategies, you can build a successful and conflict-free partnership.