What is a Ghostwriting Agreement Review?
A ghostwriting agreement is a legal contract that stipulates how a ghostwriter will provide work for a client and how they will be compensated for it. It needs to have clear and detailed terms to outline their working relationship.
Read the rest of this article to explore key terms to review in a ghostwriting agreement, what to consider during the agreement review process, and when you should consult a lawyer for help.
What Terms Should You Review in a Ghostwriting Agreement?
A ghostwriting agreement usually contains the following key terms that you should review:
- Work scope. Check that the writing project is clearly defined and what deadlines are required so that there’s clarity over deliverables.
- Payments. The agreement should explain how the ghostwriter will be compensated, such as by including total fees and royalties.
- Ownership. Your agreement should specify that the ownership and legal rights of the content is transferred to the client.
- Confidentiality. Since the agreement includes sharing private information, the agreement requires solid confidentiality clauses to protect the client.
- Revisions. How many rounds of edits and revisions are allowed must be stated. Check that these are reasonable and will be compensated.
- Termination. When reviewing the termination clause, check how outstanding payments are handled.
What are Tips for Reviewing a Ghostwriting Agreement?
When reviewing a ghostwriting agreement, there are some additional clauses and details to check.
Clarify the Payment Schedule
It’s common for payments to be linked to project milestones. Specify this in the agreement and check that late payment consequences, such as penalties, are included. Think about adding a kill fee clause, which is paid to the ghostwriter if they leave the project before it’s completed.
Look for Acknowledgement Clauses
Attribution is an important aspect of the ghostwriting agreement to review. Check if the ghostwriter receives a co-author credit or not. This should reflect what parties previously agreed on.
Consider Additional Payments
Depending on your ghostwriting agreement, there might be additional services required, such as conducting research or interviews. If these apply to your agreement, make sure that they’re mentioned and you specify how many hours will be devoted to them as well as if they’re compensated.
Avoid Scope Creep
Ghostwriting projects could result in scope creep, so ghostwriters must ensure that there are provisions to protect them. For example, the revisions clause should specify how many rounds are allowed and how changes to the work scope must be handled.
Check Representations and Warranties
The ghostwriting agreement should include assurances that the ghostwriter and client make to each other. Check that these are reasonable. For example, the ghostwriter might confirm that the content provided is original and doesn’t violate anyone’s intellectual property rights.
Scrutinize Ghostwriter Restrictions
As a ghostwriter, you should check the contract for any restrictions placed upon you. These include non-compete or non-solicitation clauses. Ensure that they’re fair and reasonable to prevent harsh restrictions that hamper your career opportunities.
Should You Hire a Lawyer for Ghostwriting Agreement Review?
While you don’t always need to hire a qualified lawyer to review your ghostwriting agreement, it’s worth considering, especially if your ghostwriting project is complex or involves significant money.
To help you, a lawyer can conduct the following activities when reviewing your ghostwriting agreement:
- Review all copyright and intellectual property ownership rights. A lawyer ensures that the agreement specifies who owns the manuscript, edits, and other materials.
- Examine the work scope. This includes making sure that the contract defines the ghostwriter’s responsibilities, such as deliverables and deadlines.
- Check all compensation terms. This includes evaluating fees and payments, as well as checking that payment deadlines are accurate.
- Outlining credits and attributions. A lawyer will explain if the ghostwriter will receive a credit or acknowledgement, or not.
- Clearing up vague or confusing terms. A lawyer will revise the agreement so that it’s clear and specific, while being easy for both parties to understand.
- Protecting you against hidden risks. They’re skilled at identifying which party is responsible for claims or damages.
- Explaining what happens to incomplete work. This will serve to protect you if the working arrangement ends prematurely.
- Negotiating revisions. A lawyer will suggest revisions to the document and can negotiate terms with the other party to protect both parties’ interests.
Where to Find a Lawyer for Ghostwriting Agreement Review
If you need to hire a lawyer to help you review a ghostwriting agreement, you don’t have to wonder about where to find one who’s reputable and experienced. Online legal platforms such as ContractsCounsel make it easy to locate a qualified lawyer who has the experience to help you. Best of all, you don’t have to leave the comfort of your home.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of lawyers in your area. All lawyers on the platform have been vetted.
To request that a lawyer reviews your ghostwriting agreement, here are the steps to follow online:
- Start by going to the ContractsCounsel marketplace.
- Post your project, which is free to do. Try to include a few details to help you find the most suitable lawyer, such as the ghostwriting content that’s required.
- Wait for lawyer bids. Without finding a lawyer, you’ll receive multiple bids from lawyers on the ContractsCounsel platform.
- Review the lawyers’ profiles. Before selecting a lawyer to work with, you should review 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 review your ghostwriting agreement for a flat fee.