Re: Copyright in book publishing question

On 2/20/1999, Cynthia Kiyotake <kiyotake[_at_]mgma.com> wrote:
>
> I have recently joined this discussion group and have found it valuable
> in terms of content as well as the active postings to messages. I
> thought I would ask this question to the list for help. As a book
> publisher, we typically contract with authors who give us copyright.
> What happens when a ghostwriter is involved in writing the book? Does
> the ghostwriter sign an author contract, as well as the author whose
> name appears on the book? Or does a ghostwriter's work fall under the
> work for hire concept?
>
> Any thoughts would be greatly appreciated!

Unless the ghost is actually an employee of the publisher or the author, it is unlikely that his/her work will fall within the Copyright Act definition of a "work made for hire" -- and if s/he is not an employee acting within the scope of employment, the publisher needs a writing anyway to have a "work made for hire," so it might as well include present-assignment language as well.

Daniel Schaeffer
<daniel_schaeffer[_at_]kirkland.com>

The above comments are not, repeat NOT, to be mistaken for actual legal advice. Your factual and legal circumstances may -- nay, probably will -- vary. Nor do they represent the opinions of my employer, my family, my government or my spirit guides. Mine and mine alone they are, although you are welcome to share them if you feel so inclined. Received on Mon Feb 22 1999 - 20:18:27 GMT