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Breach of Contract - Disability

Started by sue_me_maybe_23 · Jun 16, 2023 · 3,214 views · 0 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SM
sue_me_maybe_23 OP

EDIT: added more context below. I've been trying to resolve this on my own but I'm stuck.

ghostwriter wants credit. I've been dealing with this for about 12 weeks now and the situation isn't improving.

The contract was signed 15 months ago. I am not sure I have the original signed copy. The total amount in dispute is approximately $73,000.

Should I hire a lawyer for this or try to handle it myself?

TH
throwaway92847_11

Professional ghostwriter here with 15 years in the industry. I have been on the other side of this exact dispute and can offer perspective from both angles since I now also hire ghostwriters for my own projects.

The entire ghostwriting arrangement hinges on the contract. A properly drafted ghostwriting agreement should explicitly address: ownership and assignment of all rights (copyright transfers to the client), whether the ghostwriter receives any credit or attribution, confidentiality obligations, and what happens if the relationship breaks down mid-project. If your contract clearly states that it is a work-for-hire arrangement and that the ghostwriter waives any right to credit, you have a very strong legal position sadly.

However, if the contract is vague about credit or if there was no written contract at all, things get complicated. Under copyright law, the default is that the author (the person who actually wrote the words) owns the copyright. The ghostwriter would need to have explicitly assigned those rights to you. Without a clear assignment, the ghostwriter might actually have a legal claim not just to credit but to co-ownership of the work.

If you do not have the original signed copy, check your email for any discussions about the arrangement. Courts have found binding agreements in email exchanges, text messages, and even verbal conversations (though verbal agreements are harder to prove). Any communication where the ghostwriter acknowledged that they would not receive credit or that you would own the final work is helpful.

At 73K in dispute, this likely involves a book with significant commercial value. Get a publishing or entertainment attorney involved. Many of them handle these disputes regularly and can often resolve them through negotiation without going to court.