RE: ghost writing

Giving up the right to attribution merely relinquishes her right to have her name on the piece. It does not relinquish any copyright rights or claims. If the former employee was a full-time employee who wrote the piece in the scope of her employment, then it is a work for hire for the employer and the employee has no claim to copyright, whether or not the employee ever signed anything saying so. Nevertheless, I would be uneasy knowing that there is an agreement in place concerning the piece, without seeing it. The company/client might have agreed to give the writer certain rights in the piece that this proposed republication would infringe.

Jessica R. Friedman
Attorney at Law
757 Third Avenue
Suite 1903
New York, New York 10017
Phone: 212-220-0900
Fax: 212-973-9101
jrfriedman[_at_]litproplaw.com

For more information:
www.literarypropertylaw.com

 -----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of kathryn geib Sent: Thursday, June 09, 2005 5:01 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] ghost writing

  I have just begun my research concerning ghost writing and have not yet found a wealth of information. My client wants to use a written piece for an industry trade magazine that was authored by a former employee, who has agreed that her name not be used and that the name of a current employee be used to identify the author. I know that ghost writers regularly write autobiographies for famous people, but I have an instinctive trepidation on this one. I am told that a signed agreement is in place between the former employee and the company in question, although I have not seen it. If the author gives up her right to attribution as per the agreement, does that resolve any issues? Does the work for hire doctrine factor in? Thanks in advance for your thoughts and guidance. Kathryn Geib

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