What is a Ghostwriting Agreement Drafting?
A ghostwriting agreement is a legal contract between a ghostwriter and a client. It specifies the work the ghostwriter will be responsible for and how they will be paid.
To prevent disputes between parties, a ghostwriting agreement must be clear and specific.
Read the rest of this article to explore key terms to include in a ghostwriting agreement, how to draft it, and why you should consider hiring a qualified lawyer to draft it for you.
What Key Terms are in a Ghostwriting Agreement?
A ghostwriting agreement usually includes core components, such as:
- Work scope. The agreement must clearly explain the writing project and what tasks are required.
- Payment terms. To prevent disputes, the agreement should state the total fee, milestone payments, and royalty splits.
- Copyright and ownership. All legal rights and ownership must be transferred to the client.
- Confidentiality. To protect the client’s private information, the agreement requires a non-disclosure clause.
- Credit. It should be specified if the ghostwriter is mentioned as a co-author or remains anonymous.
- Revisions. How many rounds of edits and revisions are allowed must be stated.
- Deadlines. There should be a clear timeline in which the manuscript has to be completed.
- Representations and warranties. These are assurances parties make to each other. The client should confirm that the material provided is theirs to use and doesn’t violate someone else’s rights. The ghostwriter should state that they’re providing original work.
- Termination. How either party can end the agreement and project must be clearly defined.
What are Tips for Ghostwriting Agreement Drafting?
Now that you’ve established key terms in your agreement, additional information should be included to provide greater clarity between parties.
Detail the Scope
You want to clearly define the deliverables to be completed. Outline specific milestones to meet, such as manuscript outlines, first drafts, and so on.
If you’re hiring a ghostwriter for content, such as writing blog posts instead of a manuscript, the deliverables might include a specific number of blog posts. Include deadline dates for all project phases.
Outline a Payment Schedule
You should link payments to milestones. Consider what will happen if there are late payments, such as penalties. Another type of payment to consider during this agreement is a kill fee, which is given to the ghostwriter if they walk away from the project earlier than expected.
Specify Ownership
It’s essential to specify in the agreement that the client owns all copyrights, royalties, and rights. The work is for hire and the ghostwriter doesn’t own the content.
Secure Confidentiality
Since the client will be providing private information to the ghostwriter, they will want a clause to protect it from being disclosed or shared with third parties. It’s common for a non-disclosure agreement (NDA) clause to be required. It should state that the ghostwriter won’t share private or project information for a specific duration.
Clarify the Revisions Process
The revisions clause must be clear, such as by defining how many rounds are allowed and compensated for. If there are scope changes, these must be treated differently than regular revisions and could affect the payment terms.
Do You Need to Hire a Lawyer to Draft Your Ghostwriting Agreement?
Although it’s not always required to hire a lawyer to draft a ghostwriting agreement, getting it professionally drafted will protect the client and ghostwriter from disputes regarding various aspects of their working arrangement, such as ownership and payments.
A lawyer can help you with drafting a ghostwriting agreement by:
- Defining all copyright ownership so that it’s clear which party owns the manuscript, content, and any IP used during the project.
- Protecting your financial interests. This includes providing clarity about bonuses, royalties, and installments.
- Clarifying project expectations. A lawyer will discuss the project with you to understand exactly what’s required so that the agreement is customized.
- Addressing privacy. A lawyer will include confidentiality clauses to protect the manuscript and personal information. This will prevent legal disputes.
- Considering worst-case scenarios. A lawyer will evaluate what could go wrong in future, such as contract breaches, and include provisions in the agreement for how to deal with them.
- Aligning the contract to the applicable jurisdiction, laws, and regulations.
- Reviewing your agreement if you’ve already drafted it, giving you peace of mind that its terms are clear, specific, and protect your specific interests.
Where to Find a Lawyer for Ghostwriting Agreement Drafting
If you need to hire a lawyer to help you draft a ghostwriting agreement, you don’t have to take lots of time out of your schedule to find one. Online legal platforms such as ContractsCounsel makes it easy to locate a qualified lawyer who has the experience to help you.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of lawyers. All lawyers on the platform are vetted and have experience in contract drafting and review.
To request that a lawyer drafts your ghostwriting agreement, here are the steps to follow online:
- Start by going to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer, such as the ghostwriting content required.
- Wait for lawyer bids. You’ll receive multiple bids from lawyers on the platform who have the experience to help you.
- Review the lawyers’ profiles. You can go through the platform’s extensive lawyer data, such as the lawyers’ location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft a ghostwriting agreement for a flat fee.
