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Breach of Contract — Disability

Started by first_time_investor_TX · Aug 5, 2022 · 3,214 views · 4 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FT
first_time_investor_TX OP

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?

CP
ContractLaw_Priya Attorney

I've handled similar cases. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the implied covenant of good faith years for this type of claim.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

FP
frustrated_parent_NY

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

IG
InsuranceGuy_FL

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

PG
PublishedGhostwriter_NYC

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.

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.