Re: Copyright in book publishing question

From: Ivan Hoffman <ivanlove[_at_]earthlink.net>
Date: Mon, 22 Feb 1999 13:12:40 -0800

On 2/20/99, Cynthia F. Kiyotake <cfk[_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?

You can arrange this in a number of ways although work made for hire may not be appropriate unless the ghostwriter's contribution was "specially ordered and commissioned" by the publisher and falls within the stated statutory categories and requirements. (Read "Work Made for Hire Agreements" on my site. Click on "Helpful Articles for Writers and Publishers.")

Otherwise, you can make the author agreement with both the author and ghostwriter, jointly and individually, and they both grant the rights to the publisher. (Read "In Bed Together: The Problems of Collaboration." Same link.)

Whatever you do, get an attorney to handle this tranasaction for you. (Read "The Do It Yourself Publishing Lawyer" on my site. Same link.)

And btw: I am pleased to announce that my site has just won its **Fourth Award** for content.

IVAN HOFFMAN, B.A., J.D.
Attorney At Law
Lawyering With Integrity (sm)
Writing and Publishing Law, Web Design Contracts and Law, Copyrights, Trademarks, Internet Law, Recording and Music Law. *A Four Times Award-Winning Site.*
http://home.earthlink.net/~ivanlove/
<ivanlove[_at_]earthlink.net> Received on Mon Feb 22 1999 - 21:14:26 GMT

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