Starter policies for creative co-ops signing with agencies: protection for creators and community

Hook: Protect your creators before the offer lands

When an agent or broadcaster comes calling, excitement can quickly turn into confusion, unequal deals, and member resentment. Co-ops made of comics creators, podcasters and video makers face a unique risk: one attractive agency deal (WME or a national broadcaster) can rewrite ownership, revenue sharing and creative control for everybody—often without full member consent. This template policy gives your co-op an actionable, governance-ready framework to ensure equitable deals, transparent revenue sharing and documented member consent in 2026.

Executive summary: What to do first (most important)

• Pause public negotiations until the co-op’s approval process is triggered.
• Require written term sheets from agents/broadcasters before any member signs.
• Use a standard consent ballot and clear voting thresholds for agency or broadcaster agreements.
• Mandate escrow or interim protections for revenue and IP while negotiations continue.
• Adopt an audit and transparency clause so members can verify payments.

Why this matters in 2026: trends changing creator co-op deals

Late 2025 and early 2026 made a clear point: established agents and broadcasters are actively seeking new creator-owned IP and creator collectives. For example, Variety reported WME signing transmedia IP studios in January 2026, and discussions between the BBC and YouTube indicate broadcasters are pursuing platform-native partnerships. These developments mean larger players are targeting creator groups and co-ops, and deals are becoming more complex—often including cross-media rights, sublicensing and platform exclusivity.

Co-ops that lack clear policies are vulnerable to rushed agreements that trade long-term value for short-term fees. In 2026, transparency, written consents and modern revenue-waterfall rules are non-negotiable.

Core starter policy: Principles and definitions

Start your policy draft with a short principles section to align members:

• Collective consent: Major external deals require documented approval from the membership. No member may sign a deal on behalf of the co-op without following the process.
• Fair revenue sharing: Income from deals tied to co-op IP is shared according to transparent rules and published ledgers.
• Protect creative control: The co-op retains approval rights over substantive creative changes, credits and moral clauses.
• Proportional rights transfer: Any licensing or assignment of rights must be limited in scope, duration and territory unless unanimous consent is given.
• Transparency and auditability: All revenue and contract performance are open for member review and third-party audit.

Key definitions to include

• Co-op IP: Works created and owned by the co-op or recorded as co-op assets in the membership ledger.
• Deal: Any agreement with an agency, broker, broadcaster or distributor that affects IP, revenue, or member rights.
• Term sheet: A written summary of key commercial and rights terms proposed by a third party.
• Member consent ballot: The formal instrument used to record member approvals or rejections.

Membership consent & decision thresholds

Clear voting rules prevent later disputes. Use tiered thresholds depending on deal impact.

1. Informational deals (non-exclusive promotion, single-episode distribution): majority (>50%) written consent of active members.
2. Commercial licensing (revenue > $5,000 or 6 months duration): supermajority (66%) of members or 66% of ownership points if your co-op uses weighted shares.
3. Strategic transfers (exclusive rights, global sublicensing, assignment of co-op IP): supermajority plus a two-step approval: 75% membership consent AND independent legal review.
4. Emergency fast-track (time-limited offers <72 hours): allow executive committee to provisionally approve with ratification required by full membership vote within 21 days.

Sample consent process

1. Receive written term sheet from agent/broadcaster.
2. Executive committee reviews and issues a public summary and risk memo within 5 business days.
3. Distribute a member consent ballot with a 14-day voting window (or 72-hour in emergency cases).
4. If approved by threshold, authorize named delegate(s) to finalize deal sign-off with mandatory escrow and audit clauses.

Revenue sharing: three starter models (pick one and customize)

Choose a model that fits your co-op’s culture and membership contribution patterns.

Model A — Flat split (simplicity)

Equal split among credited contributors and IP owners. Best for small teams where outputs are collaborative.

  Example: A broadcaster pays $30,000 for a season license. Eight credited creators => each receives $3,000 before taxes and fees.
  

Model B — Contribution-weighted split (fairness by work)

Weight payments by documented contribution points (writing, production, IP ownership). Points are assigned per project using a published rubric.

  Example rubric per episode: Writer 3 pts, Lead Artist/Producer 4 pts, Editor 2 pts, Secondary Artist 1 pt. Total points = 10. Each point = (Revenue - Fees) / 10.
  

Model C — IP-owner + contributor waterfall (hybrid for IP-driven deals)

Used when specific IP holders license their property through the co-op. The waterfall protects the IP owner while compensating contributors.

  Example waterfall: First, 30% to IP owner; remaining 70% split among contributors by contribution points or equal split. Admin fee (5-10%) taken off the top for co-op operations.
  

Practical rules for revenue models

• Admin fee cap: Set a clear maximum for co-op admin fees (recommended 5-10%).
• Gross vs net: Define whether splits apply to gross payments or net receipts after production costs and taxes. We recommend gross receipts with pre-approved expense deductions.
• Remeasurement: Require quarterly reconciliations for multi-year deals.

Negotiation and contracting rules

Set guardrails so individual excitement doesn't cause systemic harm.

• No unilateral signing: No member may sign an agency or broadcaster agreement that impacts co-op IP without following the consent process.
• Term sheet requirement: All negotiations must begin with a written term sheet that includes proposed rights, territories, exclusivity, revenue, credits and termination mechanics.
• Escrow for advances: Any advance payable to the co-op is routed through a named escrow account under the co-op’s financial controls until allocation is approved.
• Independent counsel: For strategic deals, require counsel review paid by the co-op or by the lead negotiator and logged in the public ledger; see media case studies such as Vice Media’s pivot for context.
• Red-flag checklist: automatic veto items include indefinite assignment of copyright, unlimited sublicensing, unduly broad moral waiver, or open-ended warranties without cap.

Sample contract clause templates

Use these as starting points—have counsel adapt them to local law.

  1) Limited License: Licensor (Co-op) grants a non-exclusive, revocable license to use the Work for [specified territory], for [specified term], strictly for [specified media]. Any extension requires co-op supermajority approval.

  2) Revenue Accounting: Distributor will provide quarterly statements within 45 days of quarter-end. Payments will be made to Co-op escrow account. Members have the right to a third-party audit once per year at Co-op expense.

  3) Moral Rights & Credits: Creators retain all moral rights. Credits will be displayed as specified in Exhibit A. No derogatory edits may be made without prior written consent of named creator(s).
  

Governance: meeting formats and decision-making

Consistent meeting structure scales community decision-making and reduces friction during deals.

Standard approval meeting format (virtual friendly)

1. Pre-read packet published 72 hours before meeting (term sheet, risk memo, revenue estimate).
2. Executive committee presents a 10-minute summary (impact, risks, recommended vote).
3. Q&A (max 20 minutes). Questions posted publicly and answered in the minutes.
4. Motion and vote (roll call recorded). Allow proxy voting with prior written instruction.
5. Ratification window: signed minutes and final contract redlines delivered to membership within 7 days.

Proxy and remote voting rules

• Allow electronic ballots with two-factor authentication.
• Accept written proxies valid for up to 6 months with member signature or verified e-sign.
• Record votes publicly in the member ledger.

Emergency fast-track (72-hour) procedure

If a credible offer requires immediate response:

1. Executive committee can provisionally approve with an explicit written rationale.
2. Provisional approval automatically expires after 21 days unless ratified by full membership vote.
3. All provisional approvals must include escrow protections and a clause allowing reversal within the ratification period without penalty.

Financial controls and transparency

Money rules create trust. Your policy should require:

• Dedicated escrow accounts for deal funds under co-op signatories.
• Quarterly public financial statements and line-item reporting linked to deals.
• Audit rights: member right to third-party audit at co-op expense once per fiscal year, or at member-requested expense otherwise.
• Fee & expense policy: pre-approval process for allowable deductions (production costs, agency commissions, legal fees) with caps and receipts.

IP, crediting and moral rights protections

Protecting creators’ identity and ownership is central.

• Ownership presumption: Creators retain copyright unless a specific transfer is approved by the membership threshold for strategic transfers.
• Derivative works: Define how sequels, adaptations and merchandising are handled—default: co-op license back to IP owners with profit share.
• Crediting: Written credit terms with placement and format, with enforcement clauses and remedies for omission.
• Moral rights: No waiver of moral rights without express, limited consent recorded in member ledger.

Risk management: exclusivity, duration, termination & indemnities

Major risk elements to cap and limit in every term sheet:

• Time-limited exclusivity: never longer than 18 months without unanimous consent.
• Geographic limits: define territories narrowly unless economically justified.
• Termination for convenience: include a short cure period and severance for creators if a deal terminates early.
• Cap indemnities: indemnity clauses should be capped and exclude fraudulent conduct by creators.
• Warranties: narrow to basic authorial guarantees; don’t warrant impossible future claims.

Working with big agencies and broadcasters in 2026: tactical tips

Large agents (WME and others) and broadcasters (BBC, major streamers) bring resources and risk. Use these practical tactics when you enter talks:

• Demand a term sheet first: No handshake deals. Get commercial terms in writing before sharing more IP or negotiable rights.
• Preserve demonstration rights: Allow agencies to pitch co-op IP but limit how much material can be shared and require NDA and return/destruction terms.
• Push for pilot options, not assignments: Options give you leverage; assignments permanently remove upstream value.
• Negotiate reversion clauses: Rights should revert to the co-op if production milestones aren’t met within fixed timeframes.
• Leverage platform interest: With broadcasters courting YouTube and streamers in 2026, ask for platform promotion and creator participation clauses (e.g., revenue share on YouTube-based ad revenue) where applicable.

Why WME and BBC-style deals need special attention

High-profile examples in 2026 show that agencies want exclusive access to IP and cross-media exploitation. The BBC’s moves into platform partnerships indicate broadcasters may demand long windows of exclusivity for first windows on digital platforms. Treat these as strategic deals that trigger the highest approval threshold, independent counsel review, and a mandatory financial reserve to cover legal and production contingencies. See our recommended pitching template for negotiation language and reversion timings.

Implementation checklist & timeline (30-60 days)

1. Adopt the principles section and voting thresholds (by membership vote) — target: 7 days.
2. Publish standard term sheet request form and escrow account details — 3 days.
3. Approve revenue-sharing model (A/B/C or hybrid) and point rubric — 14 days.
4. Set up finance controls and designate signatories — 10 days.
5. Train members on the consent process and emergency fast-track — ongoing, first webinar within 30 days.

Sample member consent ballot (copy & paste)

  CO-OP MEMBER CONSENT BALLOT

  Proposal: Approve Term Sheet from [Agent/Broadcaster] for [Project Name]

  Summary: [One-paragraph summary extracted from the term sheet]

  Voting Options:
  [ ] Approve as recommended by Executive Committee
  [ ] Reject
  [ ] Abstain

  Signature: ___________________  Date: _______________
  

Case study (how to apply this): hypothetical Orangery-style signing with WME

Imagine your co-op holds a popular webcomic universe. An agent like WME expresses interest in a transmedia deal. Apply the policy:

1. Request a written term sheet and a pitch NDA before sharing expanded IP materials.
2. Executive committee issues a risk memo that flags exclusivity, sublicensing and duration.
3. Because this is a strategic transfer (possible assignment or long-term exclusivity), the policy requires 75% member approval and independent counsel review.
4. Set escrow for any advances and require reversion if production milestones aren’t met within 18 months.
5. Negotiate a revenue waterfall that protects the IP owner and compensates contributing creators—use Model C.

This mirrors real activity in January 2026, where high-profile transmedia signings highlighted the need for co-ops to formalize protections before making commitments.

Final practical takeaways

• Document everything: Verbal promises are worthless. Require term sheets and written member ballots.
• Use thresholds: Tiered voting makes it easier to greenlight small deals quickly while protecting against large transfers without consensus.
• Protect IP early: Keep ownership and moral rights as default positions; only contract them away with supermajority consent and counsel review.
• Make money flows auditable: Escrow, quarterly reports and audit rights build trust and avoid later disputes; consider cloud storage and delivery best practices from cloud NAS reviews when designing your ledger and files workflow.
• Train members: Policy effectiveness depends on member literacy—run scenario trainings and mock votes; use practical toolkits such as a field-tested toolkit to help creators document assets.

"In 2026 the leverage shifted: platforms and broadcasters want authentic creator IP. The co-op that protects its creators and governs transparently preserves both creative control and long-term value." — Community Organizer

Where to get help & next steps

This starter policy is designed to be practical and iterative. Next steps:

• Customize the revenue model to your membership: run a simulation with last year’s receipts and publish the results on your public ledger; sample approaches are outlined in tag-driven commerce playbooks.
• Have a licensed entertainment attorney review any language you plan to use in term sheets or member-facing ballots.
• Schedule your first policy adoption vote and member training webinar within 30 days.

Call to action

If your co-op is preparing to negotiate with agents or broadcasters, start with the checklist above: adopt the consent process, demand a written term sheet, and set up escrow. Need a ready-to-edit pack with meeting agendas, ballots and clause templates tailored for comics, podcasts and video co-ops? Join our cooperative.live template library or request a policy review workshop for your group this month—protect creators and keep the value inside your community.

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