A Brief Introduction About the Ghostwriter Contract
A ghostwriter contract states the contractual terms that are made between authors (the ghostwriter) as well as the client for whom he is writing. The written agreement is lawfully enforceable and protects both the ghostwriter as well as the client in case conflicts arise.
A ghostwriter is a person who would make content for you that could be published under your name. A ghostwriter could write anything from the shortest of blog posts to an article for a magazine or a series of books.
Who Takes the Ghostwriter Contract? – People Involved
A ghostwriter agreement is made between an author and an individual who would write a book at the request of the author. The ghostwriter contract is lawfully enforceable agreement and protects both the ghostwriter as well as the client in case any conflicts arise. A ghostwriter could write anything from the shortest of blog posts to an article for a magazine or a series of books.
Purpose of the Ghostwriter Contract
A ghostwriter could work on many projects, from writing essays to entire books. Though a ghostwriter’s contribution to the project is often kept private and a ghostwriter doesn’t get any public credit for working on the project. When determining towards working on a project as a ghostwriter, it is significant that you state the considerations of the work, compensation, and time limit in a written ghostwriter contract signed by both the ghostwriter and the client.
Contents of the Ghostwriter Contract – Inclusions
Good ghostwriter contracts include, but necessarily not limited to:
- The name of the parties who are entering into the written ghostwriter contract
- The purpose of the agreement: You are required to be as specific as possible. Also describe the book, the working title, the estimated number of pages, and any other goods that would be produced in addition to the book.
- Plagiarism: You want to safeguard yourself from charges of plagiarism by explicitly specifying that this is a contract for original work.
- Procedures: Describe how you would work together, which includes communication methods and meeting times. You might want to comprise a timeline for work.
- Product: You are required to describe all the work to be completed and who would be doing it. If you shall be doing some of the work and the writer would do some of the work, be certain to break out the exact responsibilities of each party.
- Deadlines and deliverables estimated of the ghostwriter and whether and when you would have access to the work.
- Revisions: Determine how revisions shall be made and whether any added revisions would trigger an additional fee.
- A schedule of payment, which includes any down payment and payments attached towards given deliverables. However, royalties are not paid to the ghostwriter, but this would require being included in the contract.
- Copyright: mention who has ownership of copyright.
- Ghostwriter Credits: Whether the ghostwriters’ name appears on the book or not? How would it appear?
- Confidentiality: In this agreement, you want a ghostwriter’s confidentiality regarding writing the book, as well as you might also want to make certain he or she doesn’t share confidential information gathered during the writing of the book. In that case, be sure that this obligation appears in the contract.
- Termination agreement: When would this contract end? What if one of the parties requires it to end it early?
How to Draft the Ghostwriter Contract?
Points to Consider While Preparing the Agreement
A ghostwriting contract is most operational when it states the following elements while drafting.
- The Scope of the Project: Define the nature of a writing project helps a ghostwriter comprehend how much time and resources are required to see it through to completion.
- The Working Relationship Between Author and Client: A ghostwriting contract must state how a writer and client work together on the project. The contract must spell out the responsibilities of each party.
- Payment and Timetable for Payment: Ghostwriters are required to state their payment in great detail. The contract must indicate what sum they would be paid for their work, when they would receive payment and how they would be paid. A portion of any discussed fee must always be paid in advance.
- Ownership and Copyright of the Work: When a ghostwriter gives work, ownership of it transfers towards and bears the client’s name on completion. This is the main purpose of ghostwriting, which includes creating content for another party that could be published under their name. A contract must state the client holds copyright towards the original work, and any ancillary works derived from it. A ghostwriter could negotiate to get a percentage of royalties based on future sales, however otherwise yields any right to work created for the client.
- Escape Clauses: A standard ghostwriting contract must include an escape clause for both author and client. At times, it is ideal to terminate a project when things are not working out. An escape clause includes a predetermined “kill fee” that permits both parties to terminate the contract amicably. This permits a writer to be fairly remunerated for any ghostwriting services given, even if a client is displeased with the results.
Negotiation Strategy
Ghostwriting contracts assist an author, and their client gets on the same page. A good contract must state all key details linked to the writing project, which includes payment. It must cover enough ground to safeguard both authors and clients.
Benefits and Drawbacks of the Ghostwriter Contract
In a ghostwriting contract, you shall be indemnified against any claims and expenditures arising from the infringement of any copyright or breach of any property rights that might appear in work. Also, your ghostwriter will be protected from anything scandalous or libelous that you select to include under your name.
The drawback in a ghostwriting contract template states that it is the client’s accountability to ensure that he is satisfied with the content as it is being produced by the individual.
What Happens in Case of Violation?
Any violation arising from this ghostwriting contract would be submitted to binding and confidential arbitration under the rules of the American Arbitration Association(1), and any award that is issued in such arbitration might be entered and enforced as a judgment in any court of competent jurisdiction. The main party in any such arbitration would be entitled to recover attorneys’ fees and costs.”
For an author, the ghostwriting contract outlines the basic parameters, so you recognize what to expect for your money. The written agreement is lawfully enforceable and protects both the ghostwriter as well as the client in case conflicts arise.