Ghostwriters, Co-Authors, and Problem Clients

How important is the contract between a ghostwriter/co-author and a client?

It's vital. Do not work without one! I don't care if the client is your best friend. That contract is vital because it can save you from a lot of hassle and heartbreak in the long run.

Notice I've mentioned the words ghostwriter and co-author. They really are two separate things, but both require that you sign a contract.

But why? What's the big deal?

A contract offers you protection, as well as, the client. It helps you set deadlines, expectations, and payment amounts. That piece of paper can keep you and your client walking the straight path together and keeps everyone on the same page. It's a tool you can refer to when a client becomes demanding or wants you to do something that is different from your original agreement. Of course, there are times when you may need to stray from the contract or you find that whatever the client is asking is not something unreasonable. Yes, it's okay to do a verbal agreement in those cases, but I would suggest creating a short addendum to your contract that included the new arrangement. If nothing else, at least get it in an email so you have something to fall back on should things go sour.

If you are ghost writing, you want your contract to be clear on a few things. For example, you need to know when you're getting paid and how much. How long will the word count be? How many re-writes are you going to be expected to do? What is the time frame? How flexible is the client on that? The client will probably make sure the contract includes information regarding the fact that your name will not be anywhere on the final product nor will you receive royalties from future sales.

When you co-author a book, you will want many of the above things to be listed as well. However, I think the expectations for co-authoring need to be outlined even more. For example, how involved with the client be in the writing part? Is it just their idea and outline that they want you to turn into something more? Or are they going to write a few chapters, too? Again, the time frame question becomes very important here--especially if you are juggling other clients or work. Sometimes a client will stall and stall on that final draft, which means your payment is withheld. Having that contract serves as a reminder to the client that all good things must come to an end.

I've enjoyed working as both a ghostwriter and a co-author, but have found that having a solid written agreement about expectations is crucial. Several times, I could have been in a real bind if it weren't for my contract.

Here's a little red flag warning that I've picked up on: If a client repeatedly ignores a particular question in an email or in several emails, that's a problem. Something about the question bothers the client. For example, if you are asking when something will be completed or when you will get their revisions back and they never answer, that's not good. It means it's a question you need to keep asking.

If you find yourself with a problem client, be professional. Send an email that gently reminds them of the contractual agreement they signed with you. Try to be flexible--everyone has bad days or months. Hopefully, you can work this out. I find that the email communication is better than a phone call. It gets everything down on paper and allows you to keep your emotions in check. Remember, it's business. Always do your best to be polite, but lay it out so that the client knows exactly what the issue is.

Having trouble with a co-authoring/ghostwriter contract? I'd love to chat with you! Email me at maryannloesch374@gmail.com.

Should you be afraid of ghosts?

Not that I've ever seen one but my understanding of ghosts is that they haunt people and places, lack any substance and, because of their actions, they can end up costing the haunted party dearly. This definition can easily apply to a typical ghost-writer.

Not that this has to be the case, of course.

What’s prompted me to write this blog post is that I've read a lot over the last month or so about how 'having a ghost-writer' is the way forward for a successful writer. Maybe it is, but I'd just like to temper that with some sobering thoughts of my own which are based on some pretty bitter experiences. It also explains why I don't and won't use such a service but, of course, you must make your own decision on the matter.

The advantage of using a ghost-writer is obvious and we’ve got plenty of ways of describing such a way of earning a living:

• Sit back and watch the money roll in
• Easy Street
• Money for nothing
• Let someone else do all the work
• Taking care of business

We've all these expressions for having someone do our grafting for us (and a load more, too) yet it can very easily degenerate into:

• A can of worms
• Double-handling
• Too many cooks
• More trouble than it’s worth
• Waste of time

I’ll come back to the rights and wrongs of using ghost-writers in future blogs but I just want to look at one aspect today – the legal side. This is often overlooked when dealing with ghost-writers and there are three basic temptations:

Firstly, there's the 'null' approach which I know an acquaintance of mine follows. It's the vague and rather forlorn hope that the simple act of paying for the services of a ghost-writer guarantees that copyright automatically passes to you.

That may well be the case but it's by no means a 'done deal'. Should it all go horribly wrong and the ghost-writer claim a percentage of your success, your first argument will be (no doubt) “Hey, I've paid you for this”, just like you might go into a shop and purchase some goods or eat a meal in a restaurant. Can you imagine, a week later the chef saying, "Hey, Mac, I made you that lasagna last week. I want it back now."?

This is fine and dandy for goods, but laws concerning subcontracts and the supply of labor are very different. Without a written agreement, it becomes a case (excuse pun) of "What's reasonable?". Not only is this not as clear-cut as might be thought, it's also potentially very expensive to fend off an all-out attack on one’s royalties.

An example of why copyright does not automatically pass to you is the existence of the numerous article depositories which showcase your work in return for back-links, writing business or the sale of the article itself. Obviously they will all have carefully drawn up agreements but, if you don't have anything in place, who's to say that you aren't offering some similar deal?

Of course, there's the other end of the spectrum where you shell out a fortune on a hot-shot lawyer who (no doubt) will draw up a wordy agreement full of legalese double-speak which will thoroughly flummox both you and your ghost-writer. You might even scare them off in the process!

Unfortunately (and as one who's had to fight the subsequent battles), getting a lawyer involved does not guarantee that everything's been taken care of. In my experience, it's commonplace for lawyers to shoe-horn clients into a one-size-fits-all contract which contain a lot of generalizations but bear little relevance to the specific situation. If you subsequently challenge the lawyer, you'll end up being blamed for not having told them something germane which you can't prove otherwise. At this point, you risk being at war with both your ghost-writer and your lawyer - an unenviable situation.

The best way to deal with the issue of ghost-writers laying future claim to your work is to spell out in very clear terms what you are agreeing to. Don't attempt legalese, don't try to be cute, clever or coy, just stick to the specifics. To help you on your way, here's a very rough structure plan for your agreement but you'll need to adapt it to suit.

Define:

• Precisely who you are and precisely who the ghost-writer is.
• Precisely what they are writing.
• The payment - how much, what stages and when.
• That full copyright and the right to withhold the ghost-writer’s name will pass to you on full payment of their fees.
• What happens if the work is not up to scratch (expand on that if you can).
• Both date and both sign

By all means THEN take this to a lawyer and ask them to incorporate ALL of your terms into a formal agreement but you quite probably don't need to as long as you've covered the key points.

This is a business arrangement so don't be shy or worry about hurting the feelings of the ghost-writer. Remember, if you've made it into the big league with your sales, you've created an 'it's worth a shot' situation for your ghost-writer to sue you. What have they got to lose? And, if you've nothing in writing, you're fair game for every shyster lawyer who fancies themselves at a spot of contract law.

After all, the whole point of hiring a ghost-writer is that you can exorcise them when they've finished haunting you. That’s the spirit!

Clive West runs Any Subject Books which publishes a range of quality books from up-and-coming authors. They're always interested in new submissions which are welcomed via their writers wanted page. Clive's wife, Damaris, has written a number of books including an account of their life in Italy called A Postcard From Umbria.

5 Tips to Keep a Ghostwriter Sane

Ghostwriting.

 

No. It doesn't refer to an author sitting at a table and waiting for the spirits to make contact. If that were the case, the writer could be waiting a long, long time!

 

What is ghostwriting? And why would any writer do it?

 

Ghostwriting refers to the process of one author or person paying another author to write for them. Typically, the ghostwriter signs a contract stating that they give up all rights to the story once it is done. Some contracts do allow for the ghostwriter's name to be listed below the publishing author's name, but generally once the deal is closed, whatever happens to the manuscript is out of the ghostwriter's hands.

 

This is a common practice and has been around a long, long time. Many celebrities use ghostwriters when it comes to publishing their "tell all" books. People who want to share about their traumatic experiences in life often have someone else do the actual writing. Heck, even established authors like James Patterson, Tom Clancy, and Clive Cussler use them!

 

I've been ghostwriting quite a bit this past year and a half. I do it because it's been a great way to make decent money quickly doing something that I enjoy--writing. I have several repeat clients, and while I can't tell you who they are due to my contracts, I can say that they are authors in many different genres. I've written a series of short stories, two book series, and several stand-alone novels. They've ranged anywhere from 1600-50,000 words.

 

And that doesn't include writing my own Bayou Myth series.

 

Yeah, it's a lot of work, but the money has been good. Some clients are better than others when it comes to financial compensation, but I don't take any jobs that I don't like. I'm careful about my contracts and rarely work without one.

 

I have a few tips for those of you that are just starting out in the world of ghostwriting. These may seem like no brainers, but it's easy to forget the basics when you're bogged down under a sea of words.

 

1. Only take work that gets you excited. My parents always told me that sometimes you have to do things you don't like. That's true, but it doesn't apply in ghostwriting. Believe me. I've learned that the hard way. If you don't feel excited about the project, if the thought of it bores you to tears, don't take it. I don't care how good the money is. (Well, okay that's not entirely true) It is not worth the pain, heartache, and time if you can't get motivated.

 

2. Stick to your deadline, but know when to ask for an extension. Writing is tricky. Sometimes the muse is there and the words flow like sweet honey. Other times, you're wading through a sea of manure with no end in sight. Make sure you are setting aside time to get the work done, but if you are in the manure zone, don't wait till the last minute to ask for more time. Be up front. Pull the "but I’m an artist" card if you have to, but don't sit around twiddling your thumbs. You're being paid to write and your client expects results. However, most people understand that writing is a process and sometimes the process gets delayed by life, family, and…well…manure. Be up front about it.

 

3. Don't lose sight of your own projects. I like to set aside time that is just for me. Typically on Friday night, I pour a glass of wine and then sit in front of my laptop. Sometimes I work on my projects, but sometimes I just write whatever comes to mind. Take time for yourself!

 

4. Step away from the project before you hurt someone! You are giving up control when you are a ghostwriter. You don't call every shot. That can be a hard thing to accept. You may write the most fabulous scene ever, but your client thinks it's awful. Deal with it. Don't freak out and send nasty emails or make crazy phone calls. Take a breath, step away, and remember that you are getting paid to do something you love. Not everyone can say that.

 

5. Read the contract carefully. Know what you are committing to before you sign. Some clients have very particular requests and you need to understand them before you agree to be their ghostwriter. Deadlines, time frames for drafts, payment schedules, anonymity needs, and whether or not your name will be listed on the front cover--a good contract should cover all that!

 

Any other ghostwriters out there with advice? Drop us a line and share your tips!