Re: Copyright in book publishing question

On 02/20/99, 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?

Under U.S. law, it is UNlikely that the ghostwriter's work qualifies as a "work made for hire." The ghostwriter is almost certainly a contractor rather than an employee; and this would not seem to fall within any of the nine categories that may become works made for hire under a signed written agreement. An author agreement should be procured from the ghostwriter, whether credited or not.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Tue Feb 23 1999 - 03:14:30 GMT