Ghostwriting

Ghostwriting Agreements in the World of Self-Publishing

The Rise of Ghostwriting in Indie Publishing

In the self-publishing era, authors are no longer constrained by traditional gatekeepers to bring their stories to market. However, not every self-published author is also a writer. Some are visionaries, entrepreneurs, or industry professionals with compelling ideas but little time or skill to craft a manuscript. This is where ghostwriting comes into play. Ghostwriting is a collaborative process in which a professional writer is hired to produce a book or other content on behalf of another person, usually without public credit.

For self-published authors, ghostwriting can serve many purposes: generating fiction under a pen name, producing nonfiction for thought leadership, or expanding a brand into new genres. But entering into a ghostwriting relationship requires a well-structured contract and a clear understanding of expectations, rights, and responsibilities.

What Is Ghostwriting?

Ghostwriting is a service agreement in which one party (the ghostwriter) is paid to write content that will be officially published under the name of another person (the author or client). The ghostwriter agrees to relinquish claims of authorship in exchange for compensation. In most cases, ghostwriters receive no royalties or public credit for their work.

While ghostwriting is often used in celebrity memoirs and political autobiographies, it has become increasingly common in the self-publishing world, particularly for authors building fast-paced book series, nonfiction business books, or branded genre fiction.

How Ghostwriting Contracts Work

A ghostwriting agreement is a legal contract that outlines the terms of the relationship between the author and the ghostwriter. It serves to protect both parties by setting clear expectations and assigning rights over the final work. Though contracts can vary widely, most contain the following elements:

Parties Involved: Names and contact information for the author (also called the client or hiring party) and the ghostwriter.

Scope of Work: A detailed description of what the ghostwriter will be delivering. This includes word count, number of chapters or books, genre, tone, and style. Some contracts also specify that the ghostwriter will perform research or include revisions.

Timeline and Deadlines: The contract should outline the delivery dates for drafts and the final manuscript.

Compensation and Payment Schedule: This includes the total fee, whether it’s paid per word, per hour, per milestone, or in a lump sum. Payment milestones (e.g., deposit, midpoint, final delivery) are typically included.

Rights and Ownership: The client is usually assigned full copyright over the completed work. This must be clearly stated, often via a Work Made for Hire clause or copyright assignment clause.

Revisions and Editing: Most contracts specify the number of revision rounds included in the fee, and how long the author has to request changes.

Confidentiality Clause: To protect the anonymity of the ghostwriting arrangement, a nondisclosure clause is typically included, preventing the ghostwriter from discussing the project publicly.

Termination Clause: This describes how either party can exit the agreement if something goes wrong, including how payment and deliverables are handled in the event of early termination.

Types of Ghostwriting Agreements

Ghostwriting contracts come in several forms, depending on the scope of work, payment structure, and rights involved. Common variations include:

1. Flat-Fee Work Made for Hire Agreements

This is the most common structure in self-publishing. The author pays a fixed fee for the work, and the ghostwriter agrees that the work is a “work made for hire” under U.S. copyright law. The author owns all rights, and the ghostwriter is not listed as a contributor.

2. Royalty-Sharing Agreements

In some arrangements, especially with less-experienced authors or when budget constraints exist, ghostwriters agree to receive a smaller upfront fee or none at all, in exchange for a share of future royalties. These arrangements can be risky and should be approached with caution. Clear accounting and reporting requirements must be spelled out in the contract.

3. Credit-Sharing Agreements

While less common in self-publishing, some authors choose to credit the ghostwriter as a co-author or with a “with” or “as told to” designation on the cover. This typically comes with negotiated rights and sometimes a share in royalties.

4. Developmental Agreements

Some ghostwriters function more like book coaches or developmental editors, shaping the idea and structure but leaving the actual writing to the client. These are more consultative in nature and often billed hourly.

Examples of Ghostwriting in Indie Publishing

Self-published authors often use ghostwriters for:

• Romance or thriller series written under a pen name, where the ghostwriter follows a predetermined outline and style.

• Business books authored by entrepreneurs or public speakers who provide notes or transcripts but rely on a ghostwriter for narrative structure and polish.

• Memoirs or autobiographies written by individuals with a compelling story but little writing experience.

A romance author, for example, might contract a ghostwriter to write three 50,000-word books based on plot outlines provided by the author. The contract might include deadlines spaced six weeks apart, payment per book, and a clause stating that all characters and storylines remain the intellectual property of the author.

What Authors Should Look For in a Ghostwriting Contract

For self-published authors, the ghostwriting agreement is critical to ensuring clarity, protecting rights, and preventing disputes. Before signing, authors should look for the following:

Clear Scope of Work: The deliverables should be described in precise detail. Avoid vague terms like “help with writing.” Spell out word count, genre, and tone.

Ownership and Rights: Ensure the contract states that the author owns full copyright. In the U.S., unless specified otherwise, ghostwriters may retain copyright. Use a Work Made for Hire clause or have the ghostwriter assign copyright in writing.

Payment Terms: Outline when and how payments are made. Include what happens if deadlines are missed or milestones aren’t met.

Termination and Refunds: Make sure there is a clause describing how to exit the agreement. Include language covering what happens to payments and partial work if the project ends early.

Confidentiality: To protect the nature of the ghostwriting relationship, include a confidentiality or nondisclosure clause.

Revisions: Set clear boundaries about how many revisions are included and what counts as a revision versus a rewrite.

Dispute Resolution: Ideally, contracts should include a dispute resolution mechanism, such as mediation or arbitration, to avoid costly litigation.

You can find templates for ghostwriting contracts through writing associations such as the Editorial Freelancers Association (https://www.the-efa.org/resources/contracts/) or through online legal services like LegalZoom and Rocket Lawyer. These templates should always be tailored to the specific agreement and jurisdiction.

How to Exit a Ghostwriting Agreement Without a Lawyer

In the event that a ghostwriting relationship needs to end early, there are several steps an author can take without hiring legal counsel, provided that the contract includes a termination clause:

1. Review the Contract Terms

Locate the section related to termination. Determine if there are penalties, refund obligations, or notice requirements. Many contracts allow either party to terminate with written notice and a specified period (such as 7 or 14 days).

2. Notify the Ghostwriter in Writing

Send a professional, polite notice of termination by email and, if necessary, certified mail. Cite the relevant section of the contract. Include the date, reason for ending the contract, and how final payments or deliverables should be handled.

Example:
Dear [Ghostwriter Name],
As per Section 7 of our agreement dated [insert date], I am formally providing notice to terminate the ghostwriting agreement effective [insert date]. Thank you for your work to date. I request that you cease work immediately, and please send the final invoice or partial deliverables as applicable.

3. Settle Outstanding Payments

If a partial payment is due for work already completed, be prompt and professional in paying it. Failure to pay for completed work may lead to legal consequences even without a lawyer.

4. Request Transfer of Any Completed Work

Ask for any written materials completed up to that point and verify that you have the right to use them. If the agreement included a clause transferring copyright upon termination or payment, ensure that clause has been met.

5. Keep Records

Maintain all correspondence, payment records, and deliverables in case of future disputes.

Avoiding Common Pitfalls

Self-published authors new to ghostwriting may encounter challenges if the project lacks clear direction or if the agreement was made informally. Common mistakes include:

• Verbal agreements without written contracts.

• Hiring based solely on price rather than skill or genre familiarity.

• Scope creep, where the author continually adds requests beyond the original agreement.

• Failing to budget for editing and revisions separately.

• Using vague clauses that create ambiguity around ownership or deliverables.

When to Seek Legal Advice

While many ghostwriting agreements can be handled without an attorney, authors should consider consulting legal help if:

• The contract involves royalties or licensing rights.

• The manuscript will be sold to a publisher or adapted into film/TV.

• There is a dispute over ownership or plagiarism.

• The project involves sensitive material such as medical, legal, or autobiographical content.

Conclusion: Building Professional Ghostwriting Relationships

Ghostwriting can be a powerful tool for self-published authors looking to scale their catalog, enter new markets, or bring their ideas to life through the voice of a skilled writer. However, the foundation of a successful ghostwriting relationship is a clear, legally sound agreement.

By understanding the types of contracts available, carefully reviewing clauses on ownership and payment, and managing the project with professionalism and communication, self-published authors can benefit greatly from hiring a ghostwriter. They should also be prepared to part ways amicably if the project no longer serves their creative or business goals.

Resources and Further Reading

• Editorial Freelancers Association Contract Resources: https://www.the-efa.org/resources/contracts/

• LegalZoom Ghostwriting Contract Templates: https://www.legalzoom.com/

• Rocket Lawyer Ghostwriting Agreements: https://www.rocketlawyer.com/

• Alliance of Independent Authors (ALLi) Ethical Guidelines: https://www.allianceindependentauthors.org/