Guide to A Ghostwriting Contract
A ghostwriting contract is a legally binding agreement between a ghostwriter (the person who writes content) and their client (the person credited with the final work), outlining the terms of their collaboration on a writing project. This contract is crucial for ensuring clarity, protecting the rights of both parties, and setting expectations for the project. Here are key elements typically included in a ghostwriting contract:
1. Scope of Work
This section details the project's specifics, including the type of content to be written (book, article, speech, etc.), the topic, length (word count or number of pages), and any specific research or style requirements.
2. Delivery Milestones and Deadlines
It outlines significant milestones within the project timeline, such as when the first draft is due, revisions, and the final submission deadline.
3. Fees and Payment Schedule
The contract should specify the ghostwriter's compensation, whether it's a fixed fee, per-word rate, or another arrangement. It should also include payment schedules, such as upfront deposits, payments at various milestones, and final payment upon completion.
4. Revisions and Edits
This section covers the number of revisions or edits included in the initial fee, outlining the process for any additional revisions and the potential costs involved.
5. Confidentiality
Ghostwriting often involves sharing sensitive or proprietary information. A confidentiality clause ensures that the ghostwriter keeps any shared information private.
6. Rights and Ownership
One of the most critical parts of the contract, this section states that the client will own all rights to the finished work, allowing them to publish it under their name. It should clarify that the ghostwriter has no claims to ownership, royalties, or copyrights, unless otherwise agreed upon.
7. Credit
While the ghostwriter typically does not receive public credit for their work, this section can outline any agreements about acknowledgments or discreet mentions.
8. Termination
This clause outlines the conditions under which either party can terminate the contract before the project is completed, including any notice periods and compensation for work completed up to that point.
9. Dispute Resolution
Specifies the agreed-upon method for resolving any disputes that may arise, such as mediation or arbitration, and the jurisdiction under which the contract is governed.
10. Indemnification
Protects both parties from legal action resulting from the content of the work (e.g., copyright infringement, libel) and clarifies responsibilities if such issues arise.
A well-crafted ghostwriting contract ensures a smooth working relationship, providing a clear framework for the project and protecting the interests of both the ghostwriter and the client. It's often advisable for both parties to review the contract with legal counsel before signing to ensure their rights are adequately protected.
Here’s an example of a ghostwriting contract for a client who wants a nonfiction book about How to Get Rich with AI.
This Agreement is made on [Date] between [Ghostwriter Name], hereinafter referred to as the "Ghostwriter," and [Client Name], hereinafter referred to as the "Client."
1. Project Description:
The Ghostwriter agrees to write a nonfiction book tentatively titled "How to Get Rich with AI," covering the strategies, principles, and insights on leveraging artificial intelligence for financial success. The manuscript shall be approximately [Word Count] words in length.
2. Scope of Work:
The Ghostwriter will provide the following services:
Research and compile information as needed to complete the manuscript.
Write original content based on the outline agreed upon with the Client.
Revise the manuscript based on Client feedback (up to [Number] rounds of revisions).
3. Delivery Schedule:
First Draft: [Date]
Final Draft: [Date] Revisions shall be completed within [Number] days of receiving feedback from the Client.
4. Compensation:
The Client agrees to pay the Ghostwriter a total fee of $[Amount] for services rendered. Payment will be made as follows:
$[Amount] deposit upon signing this Agreement.
$[Amount] upon delivery of the first draft.
$[Amount] upon final acceptance of the completed manuscript.
5. Confidentiality:
The Ghostwriter agrees to keep all information related to the book project confidential and not disclose any details without the Client's express written consent.
6. Rights and Ownership:
The Client will own all rights, title, and interest in the manuscript and any derivative works. The Ghostwriter agrees to sign any documents necessary to confirm the Client's exclusive ownership.
7. Credit:
The Ghostwriter agrees that the book will be published under the Client's name and shall not receive any credit or mention, except as privately agreed upon in writing.
8. Termination:
Either party may terminate this Agreement if the other party breaches any of its terms and fails to correct the breach within [Number] days of written notice. Upon termination, the Client shall pay the Ghostwriter for all work completed up to the termination date.
9. Dispute Resolution:
Any disputes arising under this Agreement shall be resolved through mediation in [Location], under the laws of [State/Country].
10. Indemnification:
The Client agrees to indemnify the Ghostwriter against any legal actions arising from the content of the work, except for cases of the Ghostwriter's willful misconduct.
By signing below, both parties agree to the terms of this Ghostwriting Contract for the nonfiction book project.
Ghostwriter:
Name: ___________________________
Signature: ________________________