I'm disappointed. In a world full of lawyers, I read articles and books that -- time and time again -- promote extraordinarily simple ghostwriting contracts. Often, this comes from ghostwriters who admit they'd rather not deal with contracts and would prefer just shaking hands. Well so would I. And my own ghostwriting contract used to be simple. But that's before I realized the kind of hot water people get into when things sour with clients.
What's more, it was before I realized that a contract helps settle more than a souring relationship. What happens if the ghostwriter or client suddenly becomes ill or disabled? A contract needs to spell that out.
Of course many ghostwriters will note that you should include in the contract whether their names are included on the cover or in the book. But what about other forms of marketing? Is the client even ALLOWED to use the ghostwriter's name?
He or she may not want to be associated with the project, even if s/he was willing to help write it. (Maybe the ghost is developing his or her own projects and doesn't want to be pinned to another topic in people's minds.) If a ghostwriter simply notes that all work done is owned by the client, what happens if the work is done and isn't paid for? Who owns it then?There are so many scenarios that can come up during the several-month course of a ghostwriting job, a solid contract needs to be in place. It's for everyone's good. I believe a ghostwriting contract ought to include all of the following:
- The legal nature of the working relationship.
- An overview of the financial and timing terms.
- A description of services and a guarantee of either no conflicts of interest or a listing of any potential conflicts.
- A description of any research required or and details on revisions provided.
- No guarantee of publication.
- Specifics on cost and payments.
- Legal and financial responsibilities of both parties.
- Ownership of rights and authorship.
- Confidentiality agreement and ownership of all materials.
- Details regarding termination by death, disability, or written notice.
- Details of legal written notice, severability, arbitration, and location for legal disputes.
If you're looking into a ghostwriting arrangement -- either as the ghostwriter or client -- make sure that all of these topics are covered in your contract before moving forward. It might take a little more time to "shake hands" this way, but it can save you gobs of time and money in the long run.
Steve McCardell has been a ghostwriter since 2001 and has one of the most prominent ghostwriting sites online today. He also counsels other ghostwriters and clients, and offers his own, thorough ghostwriting contract template at: http://www.ghostwriting-contract-template.com
Source: www.articlecity.com
