Re: Copyright in book publishing question

On Sat, Feb 20, 1999, 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?
>
> Any thoughts would be greatly appreciated!

I can't think of a situation in which a ghost writer's work would fall under the "work made for hire" definition as contained in the Copyright Act. Except in the case of certain limited kinds of work, a "work made for hire" must be created by an employee (not a contractor) within the scope of his employment. Only then does the copyright automatically belong to the employer. Otherwise, it is necessary for the author to execute a written assignment transferring the copyright to the hiring entity. Whether an assignment from the putative author will be sufficient, if a ghost writer was also involved, depends upon whether the ghost writer executed such an assignment to the putative author. You should check carefully to make sure your contractors actually have the rights they purport to be assigning to you.

If the author and the ghost writer are joint authors (rather than the ghost writer having assigned full copyright to the author), then (in the USA at least) the author has full authority to assign his ownership of the copyright to you; but you will then become a joint owner along with the ghost writer. Only if you have an assignment from BOTH (or if author had an assignment from ghost writer and you in turn have an assignment from author) can you expect to be the sole owner of the copyright in a ghost writer situation.

If this actually turns out to be as complicated as it sounds, you should consult a copyright attorney who can assess the facts and give you guidance. This message is not legal advice and doesn't create an attorney-client relationship.

Bob Cumbow
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Mon Feb 22 1999 - 22:10:32 GMT