Draft a Ghostwriting Agreement

A ghostwriting agreement outlines the contractual terms between an author (the ghostwriter) and the client for whom he or she is writing. A ghostwriter can work on a variety of projects, from writing essays to entire books. However, a ghostwriter’s participation in the project is often kept confidential and a ghostwriter does not get any public credit for working on the project. When deciding to work on a project as a ghostwriter, it is very important that you outline the parameters of the work, compensation, and deadlines in a written agreement signed by both the ghostwriter and the client. The written agreement is legally enforceable and protects both the ghostwriter and the client should conflicts arise.

Steps

Outlining the Responsibilities of the Ghost Writer and the Client

1. Identify the parties to the contract. The opening paragraph to the contract should set forth the names of the parties entering into the ghostwriting agreement. It is important to identify the role that each party will play, such as “ghostwriter” or client. If the parties are represented by agents or attorneys, those names should also appear. Lastly, the opening paragraph of the agreement should contain the date that the parties entered into the agreement.
   • At the top of the document, the phrase “GHOSTWRITING AGREEMENT” should be centered on the page and appear in bold font.
   • An example of an opening sentence could be: This Agreement, hereinafter referred to as the “Agreement,” was entered into on [insert the month, day and year].
   • The next sentence could read: The parties to this agreement [insert the names and addresses of the people entering into the agreement] as described below, do hereby agree to all of the terms set forth in the Agreement.
   • The next paragraph should be numbered “1” and identify the client. For example you could write: 1. [Insert name of the client] is hereinafter referred to as “Client.”
   • The next paragraph should be numbered “2” and should state: 2. [Insert name of the ghostwriter] is hereinafter referred to as “Ghostwriter.”
2. Define the scope of work. The paragraphs detailing the scope of work for the project should set forth what you are writing, for example a book or essay, it should identify if you need to work with any other people, such as illustrators, and should detail how you are receiving the content for the book. For example, if you are ghostwriting an autobiography, you should specify that you will be meeting with the client on certain occasions and the client will provide details and documents from his or her past. The paragraph that begins the scope of work section of the agreement should follow in numerical order from the previous paragraphs. Consider the following examples of a simple scope of work:
   • [Insert number for paragraph]. Client is contracting with the Ghostwriter for a book-length project of at least 300 pages on the subject of the client’s life.
   • [Insert number for paragraph]. The book will be written as an autobiography.
   • [Insert number for paragraph]. The tentative title of the book shall be [insert book title]. The parties may agree to change the title but the client has final approval of the title.
3. Detail each person’s responsibilities. In addition to specifying what the ghostwriter will write for the client, the contract should also establish any responsibilities that the parties must satisfy to complete the contract. These responsibilities can include writing, editing, providing background information, or research. The paragraphs in this section should continue in numerical order from the previous paragraphs. The following are examples of paragraphs outlining the parties’ responsibilities:
   • [Insert number for paragraph]. Client agrees to meet with the Ghostwriter on at least five occasions to provide details of [her] life.
   • [Insert number for paragraph]. During these meetings, the Ghostwriter should be prepared to ask the Client questions to assist in drafting the project.
   • [Insert number for paragraph]. The Ghostwriter agrees to two (2) major revisions of the manuscript, if needed. Upon discussion, the Ghostwriter may agree to additional revisions for a specific fee.
   • [Insert number for paragraph]. The Ghostwriter is responsible for submitting an edited and finished draft of the project that includes any agreed upon revisions.
4. Establish a deadline. It is important for both parties to establish a deadline for the project. The client may be under a contractual obligation to his or her publisher and may suffer financial losses if the project is not completed on time. It is important to establish a realistic publishing schedule for the project. For example, it may be unreasonable to complete a book-length project in less than a year, depending on the Ghostwriter, the type of project, and the contribution of the client. The deadline paragraph should follow in numerical order and could state:
   • [Insert number for paragraph]. The tentative deadline for completion of this project is [insert month, day, and year]. A draft of the project must be given to the client by [insert month, day, and year] in order to allow sufficient time for revisions and rewrites.
   • [Insert number for paragraph]. Client has the right to approve Ghostwriter’s completed project, and if not approved, Ghostwriter has 30 days to make corrections to the project.

Setting Forth Compensation and Credit Provisions

1. Consider an appropriate fee. There are a number of factors that you should consider when negotiating the ghostwriting fee. It is important that you consider the length of the project, how quickly you are required to complete the project, and whether you are willing to accept a flat fee or if you will negotiate for a percentage of the royalties.
   • When calculating a flat fee, you should estimate how many hours it will reasonably take you to finish the project (writing, researching, revisions, client meetings) and multiply that by your standard hourly rate. This may help give you a starting point in determining an appropriate fee for the work.
   • If a ghostwriter negotiates for part of the royalties, he or she may be required to take a smaller up front fee.
   • If you believe that the book will be widely read, for example you are writing an autobiography of a well-loved celebrity, it may be in your best interest to take a smaller flat fee and negotiate a percentage of the royalties, if possible.
2. Specify the payment parameters. When drafting the compensation paragraphs of the agreement it is important that you specifically outline all of the details of your compensation. If applicable, your payment provision should include the flat fee that you will receive, the amount that will be paid up front and the date by which it must be paid. The provision should also discuss any future royalties that you are accepting as part of your compensation. It should also specify the manner of payment. The following are examples of compensation paragraphs that you could include in your agreement:
   • [Insert number for paragraph]. Client agrees to pay Ghostwriter a total sum of [insert total amount of compensation] for completion of the project.
   • [Insert number for paragraph]. Client will pay the fee as follows: 50% in advance to begin the project, which will be sent to Ghostwriter by [insert date]; and 50% of the fee will be paid within 10 days of Ghostwriter completing the project.
   • [Insert number for paragraph]. Additionally, Client agrees to pay Ghostwriter [insert percentage] of royalty fees generated from the sales of the project.
   • If you will not be paid royalty fees, you can include a sentence that states: Ghostwriter is not entitled to royalties or commissions related to the sale of the project. The flat fee discussed above is Ghostwriter’s total fee and compensation for this project.
3. Recognize the limits on receiving credit. Despite the fact that a ghostwriter may draft an entire book, he or she is not entitled to ownership of the final product. The copyright will be in the name of the author listed on the book, i.e. the person who hired you as a ghostwriter.
   • The client may want to include a paragraph in the contract that states: [insert number for paragraph]. Client will be the sole owner of the final project as well as the owner of the Ghostwriter’s notes, drafts, documents or other work product related to the project. By signing this agreement, Ghostwriter transfers any and all ownership in the aforementioned work product to Client.
   • [Insert number for paragraph]. Client will be the sole and exclusive copyright holder for the project. If Client requires Ghostwriter’s consent to obtain a copyright, Ghostwriter hereby agrees to provide consent to a transfer of ownership to Client.

Including a Warranties and Representations Section

1. Set forth a confidentiality provision. Most clients will require that the agreement contain a confidentiality provision in which the ghostwriter agrees not to disclose any information about the project, including his or her participation. Essentially, the confidentiality and nondisclosure provides the client with legal assurances that the ghostwriter will not disclose any details that were shared, the nature of the collaboration, or speak about the project in any way. A client may also ask you to enter into a separate Write a Non Disclosure Agreement (NDA). A simple confidentiality provision could include the following language:
   • [Insert number for paragraph]. Ghostwriter acknowledges that [he/she] will be given access to certain personal, confidential, and/or proprietary information while working on the project. Ghostwriter agrees to keep all information confidential from all third parties during the course of this project and after its completion.
2. Include an escape clause. All ghostwriting contracts should include a provision that allows either party to terminate the contract. Sometimes the parties are unable to work together effectively and it is best if they are able to end the relationship easily and amicably. The escape provision should include language that states that the ghostwriter should be compensated for his or her time spent or that the ghostwriter be paid a flat fee if the client doesn’t approve the work. A sample provision may include the following language:
   • [Insert number for paragraph]. Either party may terminate the agreement before the deadline so long as they provide the other party 30 days advance notice of the termination. Ghostwriter shall be paid a proportional percentage of [his/her] fee based on the amount of work that Ghostwriter contributed to towards the completion of the project.
3. Add a warranty clause. Many ghostwriting agreements will contain warranties related to the content of the work. The most basic warranty that a ghostwriter gives is that the work was not plagiarized from another source. You could include a simple warranty provision, such as:
   • [Insert number for paragraph]. Ghostwriter agrees that to the best of [his/her] knowledge that the content drafted in accordance with the contract was Ghostwriter’s own work and was not plagiarized, borrowed or otherwise taken from any other source.

Finalizing the Ghostwriting Agreement

1. Format the document. The document should be typed and each paragraph after the opening paragraph should be numbered in ascending order. The document should be drafted in a traditional font, such as Times New Roman, and should be printed in black ink. The bottom of the document should include signature lines for both parties, with their names typed beneath the signature line. Each party should be identified by the party’s role in the contract, either Ghostwriter or Client. Each party’s address should be typed beneath his or her typed name.
   • The document should be reviewed for grammar and typographical errors.
2. Have the client review the document. Once the agreement is complete, the ghostwriter or whoever drafted the agreement should present a copy to the other party for review. If the parties agree to any revisions, those revisions should be included in a new draft of the document that should be presented to both parties.
3. Sign and date the agreement. Once the agreement is complete, both parties must sign and date the document. Both signatures are required to make the document legally binding.
   • Two original versions of the contract should be presented to each party for signature so that both parties have a contract with original signatures.

Tips

• It is important that you include any oral agreements that you may have made into the written agreement. Otherwise those oral agreements may not be enforceable in court.

Related Articles

• Write a Legal Contract
• Write a Confidentiality Agreement
• Write a Non Disclosure Agreement (NDA)

References

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