The ghost is hired primarily as a professional freelance writer, in order to produce high quality writing copy and so that the writing reads professionally. A paid professional freelance writer is often the only source to which to turn to get sparkling, well written website copy or other paid professional writing copy. And a ghost is hired to bring this about, either as an on staff writer or as a freelance writer who is paid specifically for the job at hand. Ghost writers are also hired to write books for people. In such cases, the author of the book is the person who hires the ghost writer, and not the ghost, unless the book author wants to share some of the credit with the ghost. In this case, the ghost may be listed as a coauthor or as the editor of the book, and generally this is listed somewhere in the acknowledgments page. Sometimes the well known, as told to — with the name of the ghost writer being mentioned is listed on the cover of the book. This is often the case when well known ghost writers are used by the books actual authors.
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you should consult with an attorney familiar with the issues and the laws of your country. . This article does not create any attorney client relationship and is not a solicitation., no portion of this article may be copied, retransmitted, reposted, duplicated or otherwise used without the express written approval of the author. For more information: mail, where next? Ivan Hoffman Attorney at Law, more helpful Articles For Writers and Publishers. Ghost writers are writers for hire who take money but none of the credit for the work produced. The original writer, ask or author, is hiring the ghost as a freelance writer to produce copy writer work for a fee. The author takes all the credit for all the original work produced, including all the original writing produced by the ghost writer. The ghost, who is usually paid in advance of completing the job, gets the money as a work for hire job and assumes none of the credit for the ghost writing work. Reasons to hire a ghost Writer. This may sound odd, but its a common practice. When someone wants to create new copy for a website, a ghost writer may be hired to rewrite it, and there are many similar jobs such as writing ad or business copy, or supplying new or rewritten material for personal or professional use.
Conclusion, the above discussion is merely about those points peculiar to the ghostwriter agreement thesis and of course there are many other provisions that are part of the larger publishing agreement including but not limited to deliverables, representations and warranties and indemnities (other than as discussed. 2001 ivan Hoffman, this article is not legal advice and is not intended as legal advice. . This article is intended to provide only general, non-specific legal information. . This article is not intended to cover all the issues related to the topic discussed. . you should not rely on this article in any manner whatsoever and you should not draw any conclusions of any sort from this article. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. . This article is based on United States laws but the laws of other countries may be different. .
Again, nothing is to be assumed and biography there is nothing inherent in a work made for hire arrangement that precludes royalties etc. The royalty and participation will be a function of how many resumes parties are involved in the transaction and the total pay out required. . This of course is also a function of bargaining power discussed above. . It is often glib and a knee-jerk response to provide that the ghostwriter and the name subject will split the authors share equally. . A) Certainly, if the ghostwriter is retaining certain rights, then it is incumbent on the other party or parties to negotiate for their own participation should the ghostwriter exploit those retained rights. . Same as well if the ghostwriter is giving up some or all of the rights since the ghostwriter is still entitled to be paid for the exploitation of all of those rights, as discussed above. Representations, warranties and Indemnities: Certainly as to materials provided by the ghostwriter, there should be provisions covering these issues. . However, frequently in these type projects, the ghostwriter takes materials provided by the subject and the ghostwriter should then seek to exclude such materials from any such representations, warranties and indemnities and indeed, the ghostwriter should obtain these protections from the name subject. . If there is a third party publisher involved, then in the agreement between that publisher and the name subject and in the agreement with the publisher and the ghostwriter, these issues should be covered.
B) If there is a third party publisher involved, then the issue becomes which party shall own the rights given up by the ghostwriter. . Shall it be that third party publisher or shall it be the name subject. . This of course will be the subject of the agreement between that third party publisher and the name subject. C) Part of the rights discussion should be a negotiation dealing with the right to do revised versions of the original work. Payment: Clearly quite important and related directly to the issue of Rights. . If the ghostwriter is being asked to give up all of the ghostwriters rights, there may be a lump sum payment made to the writer, generally at various milestones of deliverables. . However, even if the ghostwriter is giving up all of the rights, the ghostwriter can also negotiate for a royalty and percentages of all revenues derived from the work as well as an advance against the same and. .
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The range can be from either no credit at all, making it thus appear as though the name party is actually the writer, all the way to something like an as told to credit. As with all deals, the terms are determined on the basis of the relative bargaining power of the parties. . A ghostwriter who has successfully written as a ghost before (with or without credit) is in a bargaining position to obtain contract provisions that a newer writer might not. . Further, the relative marketability of the name is a factor. . If this is a project involving a major and prominent person, whether movie star, politician or otherwise, then that marketing clout is a factor not only in terms of credit but all the other provisions as well. Rights: there is no given in this area. . It is not to be assumed that a ghostwriter shall give up all of the ghostwriters rights, whether in the form of a work made for hire or assignment of all rights. .
As with the discussion under Credit above, it depends on the formula W3M (Who wants Who more) and this means that rights questions are up for determination within the four corners of the negotiation. . keep in mind, that except if there is a written agreement transferring exclusive rights to another party, the actual creator of the copyrightable work (i.e. The ghostwriter) owns all rights to that copyrightable work (unless the ghostwriter is a bona fide employee of an employer, a fact not assumed by this article.) a) Within the discussion of rights are the issues related to what rights are being given up and. we would assume that either the third party publisher or the party engaging the services story of the ghostwriter will have print publication rights, perhaps including translation and other rights associated with print rights. . But there are a large number of other rights involved, many of which can be more valuable than the print rights. . These include but are not limited to movie and television rights, Internet rights, electronic rights such as dvd, cd-rom, game rights and the like. . These have to be discussed within the negotiation.
Whitman-Hart Chicago, il, penton Media new York, ny, american Production and Inventory control Society chicago,. Microsofts start magazine redmond, wa, manufacturing Systems Magazine chicago, il propel Media jersey city, nj cincom Systems - cincinnati, oh softWorld Conference philadelphia,. The Ghostwriter Agreement, the ghostwriter agreement, ivan hoffman,. There are a number of legal and business issues that all parties must face when negotiating a ghostwriter agreement. . Since the term ghostwriter is used loosely to apply to agreements in which the writer receives and does not receive credit, let me continue this vernacular here. The parties: there are at least 2 and sometimes 3 parties to this agreement. .
Clearly the ghostwriter is a party as is the party whose name, either solely or jointly, will appear as the author. . However sometimes the arrangement includes a third party publisher who has made a deal with the name party to have that party write a book, such as a memoir or some such project, but then the publisher in turn makes a separate deal with the. This has implications in terms of rights and payment, as discussed below. . If there is a third party publisher involved, then: a) the publisher-ghostwriter agreement should be negotiated and drafted with the publisher-name party agreement clearly in mind so that there is a correspondence of provisions including royalties, warranties and the like. B) if the underlying deal between the name party and the ghostwriter is made first, before any third party publishing deal is made, the provisions of this underlying deal have to be negotiated in contemplation of a third party publishing deal and provisions such. Have to be included. . Credit: as indicated above, the ghostwriter may or may not be given credit for the writing and this is a topic of negotiation. .
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