The Legal Side of Ghostwriting: What You Need to Know

If you’re thinking about hiring a ghostwriter or stepping into the world of ghostwriting yourself, there’s one topic you can’t afford to ignore: the legal side. I’ll be honest, when I first started in this field, contracts and copyright law felt intimidating. I just wanted to help people tell their stories. But as my business grew, I realized that clear legal agreements are the backbone of every successful ghostwriting project. They protect both the author and the ghostwriter, set expectations, and keep the creative process running smoothly.

Maybe you’re an author who’s poured your heart into a manuscript but needs help bringing it to life. Or perhaps you’re a professional ghostwriter wondering how to protect your work and reputation. Either way, understanding the legal framework is essential. In this article, I’ll break down the key legal issues in ghostwriting, share lessons from my own journey, and offer practical advice to help you navigate contracts, rights, and confidentiality with confidence.

What Is a Ghostwriting Agreement?

At its core, a ghostwriting agreement is a contract between the author (the client) and the ghostwriter (the service provider). This document outlines the scope of work, payment terms, deadlines, confidentiality, and most importantly, who owns the final manuscript.

A well-drafted agreement should answer the following questions:

• What is the ghostwriter expected to deliver? (e.g., full manuscript, proposal, revisions)

• How and when will the ghostwriter be paid?

• Who owns the copyright to the finished work?

• Will the ghostwriter receive any public credit?

• What happens if either party wants to terminate the project early?

• How will disputes be resolved?

  
  

Why does this matter?

Without a clear contract, misunderstandings can derail even the most promising projects. I’ve seen situations where authors assumed they owned the copyright, only to discover the ghostwriter retained certain rights. On the flip side, ghostwriters have sometimes found their work published without payment or proper credit.

Pro tip:

Never start a ghostwriting project without a signed agreement. It’s not just about legal protection, it’s about mutual respect and professionalism.

Copyright and Ownership: Who Owns the Book?

One of the most common questions I hear is, “Who owns the book when it’s done?” The answer lies in copyright law and the terms of your contract.

Work for Hire

In most ghostwriting projects, the author and ghostwriter agree that the finished manuscript is a “work for hire.” This means the author owns all rights to the content, and the ghostwriter has no claim to royalties, future earnings, or creative control. The ghostwriter is paid a flat fee (or installments) for their services.

Assignment of Rights

If the project isn’t technically “work for hire,” the contract should include an assignment of rights clause. This transfers copyright from the ghostwriter to the author upon completion and payment.

Exceptions and Variations

• Royalties: In rare cases, ghostwriters negotiate a percentage of book sales or royalties, especially for high-profile projects.

• Credit: Some agreements include a “with” or “as told to” credit on the cover or acknowledgments page.

• Derivative Works: If the book is adapted into a screenplay or other format, the contract should clarify whether the ghostwriter is entitled to additional compensation.

  
  

My experience:

I once worked on a memoir where the author wanted to share credit. We negotiated a “with” byline, and I received a small percentage of royalties. In most cases, though, I’m happy to remain invisible, so long as the contract is clear and fair.

Takeaway:

Always clarify ownership and credit in writing. If you’re unsure, consult a publishing attorney.

Confidentiality and Non-Disclosure

Ghostwriting is built on trust. Authors often share sensitive stories, business secrets, or personal experiences with their ghostwriter. That’s why confidentiality clauses are a must.

A standard confidentiality clause should cover:

• Non-disclosure of the author’s identity (if requested)

• Non-disclosure of the content or subject matter before publication

• Restrictions on sharing drafts, notes, or correspondence

  
  

Why is this important?

I’ve worked with clients who needed absolute discretion, CEOs, doctors, and even public figures. A strong confidentiality agreement reassures them that their story is safe.

For ghostwriters:

Respect your client’s privacy, even if you’re proud of the work. Never share excerpts or details without written permission.

For authors:

Don’t be afraid to ask for a confidentiality agreement. It’s standard practice and protects your intellectual property.

Payment Terms and Project Scope

Money matters can be awkward to discuss, but they’re essential to a healthy working relationship. Your contract should spell out:

• Total project fee (flat rate, hourly, or per word)

• Payment schedule (e.g., deposit, milestones, final payment)

• What’s included (number of drafts, revisions, research)

• What’s not included (marketing, publishing services, travel)

• Kill fee (compensation if the project is canceled early)

  
  

Pro tip:

Never pay the full fee upfront. A common structure is 30% to start, 40% at the halfway point, and 30% on completion.

My approach:

I outline every deliverable in detail, from the number of interviews to the expected word count. This avoids surprises and keeps both parties accountable.

What Happens When Things Go Wrong?

Even with the best intentions, projects can go off track. Maybe the author changes direction, or the ghostwriter misses deadlines. Your contract should address:

• Grounds for termination (with or without cause)

• Notice period (e.g., 14 days’ written notice)

• Payment for work completed to date

• Return of materials and intellectual property

  
  

Dispute resolution:

Most contracts specify mediation or arbitration before legal action. This saves time, money, and relationships.

Real-world lesson:

I once had a project stall because the author stopped responding. Thanks to a clear contract, I was paid for the work I’d completed, and we parted ways professionally.

International Projects and Legal Considerations

In our digital world, ghostwriting projects often cross borders. If you’re working with a client or ghostwriter in another country, pay attention to:

• Which country’s laws govern the contract

• Currency and payment methods

• Tax implications for both parties

  
  

Tip:

Specify “governing law” in your contract (e.g., “This agreement is governed by the laws of the State of New York”). This helps resolve disputes quickly.

For large or high-stakes projects, consider hiring a publishing attorney with experience in international contracts.

Conclusion

The legal side of ghostwriting doesn’t have to be overwhelming. With clear agreements, open communication, and a little professional guidance, you can protect your story, your rights, and your peace of mind. Whether you’re an author or a ghostwriter, investing in a solid contract is the smartest move you can make.

Ready to bring your book to life - with confidence and clarity? Book a discovery call with Rachel today.

FAQ: Legal Issues in Ghostwriting

1. Do I really need a contract for ghostwriting?

Yes. A contract protects both parties, clarifies expectations, and prevents misunderstandings.

2. Who owns the copyright to a ghostwritten book?

Usually, the author owns the copyright, but this must be stated in the contract.

3. Can a ghostwriter get royalties or credit?

Sometimes, if negotiated in advance. Most ghostwriters work for a flat fee and remain anonymous.

4. What happens if the project is canceled?

The contract should specify payment for work completed and how to terminate the agreement.

5. Is confidentiality standard in ghostwriting?

Yes. Both parties should agree not to disclose sensitive information.

6. What if I’m working with someone in another country?

Specify governing law, currency, and payment terms in your contract. Consider legal advice for international projects.

7. Where can I find a sample ghostwriting contract?

Check reputable writing organizations or consult a publishing attorney for templates.