Ghostwriting, put simply, is the act of paying someone else to write your content and then being able to put your name to it.
In legal terms, it’s usually structured as the transfer of property and ownership rights. In the same way as selling a car, the buyer collects both it and the legal position of ownership. They are then free to do whatever they want with it, and it no longer has anything to do with the original owner.
The ethics of ghostwriting are, rightly, heavily discussed, and you might wonder if it’s legal. In short, yes – it’s perfectly legal in most circumstances. However, it isn’t always ethical.
In this article, I’ll answer this by discussing key points and drawing the line between law-abiding and illegal.
The ethics of ghostwriting
It has long since been discussed whether ghostwriting is ethical, considering you’re asking someone to do a piece of work for you and then taking the credit yourself.
Ghostwriting is widely accepted in some fields and immediately dismissed in others. Why is that? It all comes down to the situation you find yourself in.
If you’re asking someone to assist with a blog, book, or enthusiast article, this is widely accepted. This is because, whether you write it or not, you are trying to provide value to the customer. Whether the author’s name on the book wrote the contents or not is irrelevant.
Ghostwriting certain things, though, is unethical. These include:
- Political speeches
- Academic pieces (of any kind)
- Medical or other doctoral journals
- and more.
Many of these things happen all the time – probably far more than you might think. However, ethically, it shouldn’t be done.
In these cases, the ghostwriter wouldn’t get into trouble – but the person instructing them would.
I never take on work of this kind, just to be clear. I’m not going to do your university assignment for you! (Although I’m happy to help you edit it for English fluency.)
In summary, ghostwriting is built upon a contract between the client and the author (the ghostwriter) that allows them to claim the written word as their own.
The legalities of ghostwriting
When working with or as a ghostwriter, it’s crucial to agree to the terms in advance. This allows both parties to have a complete understanding of the project and expectations and will resolve any disputes (should there be any).
Certain things must always be agreed upon in advance:
- A definition of the scope of workallows both sides to have a proper understanding of the project, whether it’s a book, guide or blog. This will include the title, content, research required, and word count. Some clients also want a ghostwriter to source images. I don’t offer this service.
- Both sides’ responsibilities– some ghostwriting contracts may include clauses whereby both parties must meet in intervals to review the current product. This clause can also allow for regular meetings to discover information, for example, if the product is an autobiography. This contract section will also outline how many revisions are available for the project.
- A deadline– all projects require a deadline; otherwise, either party can delay it indefinitely. Deadlines will ultimately depend on the size of the project and the immediate urgency.
- Payment details– the main fee is outlined in the contract to ensure that both parties are aware from the start. This part of the contract will also contain any royalties (if applicable). Additional fees may be noted here for further revisions. It will also include payment terms. This can range from 50% upfront payments to incremental payments determined by the level of completion.
- Credit– the ghostwriting contract will allow the client to take full ownership and credit for the work completed throughout the project. This is a given and the definition of ghostwriting. By sending you the completed and approved draft, the ghostwriter transfers any and all ownership of notes, drafts and other work relating to the project to the client in full.
- Confidentiality agreement– most pieces of contracted work will include a level of confidentiality bound by law. The ghostwriter agrees to keep the project confidential both before and after the project’s completion.
- GDPR– at the project’s completion, the ghostwriter will keep the draft manuscript for some time. This allows for revision and proof of work. You could agree on an acceptable time period for this to be deleted. It should be several years into the future for business- and finance-related reasons.
- An escape clause– both parties should have a way to cease the project, and the contract will outline what will happen in such a case. There may be a notice period or a fee depending on how much work has been completed.
There are many different sections of a ghostwriting contract. This allows it to be a watertight document that ultimately protects both parties. The agreement ensures that everything is on paper and can be referred to at any time.
Once the document has been signed by both parties, the project has officially begun.
The ghostwriter can start with the work comfortable in the knowledge they have a certain amount of work to do and a specific deadline.
They are also aware of when payments will be made and how many revisions they may have to make.
The document should always be adhered to to allow for a good client-author relationship. If there are any disputes, the contract should be referenced.
Most ghostwriting work is stress-free for both parties due to the presence of these contracts and the common goal both parties share.
When is ghostwriting not legal?
Ghostwriting becomes illegal when either the client claims the content as their own (plagiarism) or the ghostwriter refuses to hand over the finished piece. This would break the terms of the contract and is, therefore, illegal.
Plagiarism: stealing a ghostwriter's work without paying
When this occurs, the original author is entirely in their right to threaten legal action to get back what is theirs.
This includes not only the product being taken down or the author’s name being changed but also any royalties made off the product.
Intellectual property theft
A ghostwriter can only walk away from the contract per agreed contractual terms. In the vast majority of cases, all the content they’ve produced will belong to the client, even if it’s unfinished.
That’s partly because the work is usually paid for in milestones. Thus, the client technically ‘owns’ most of it already.
Refer to your contract or agreement for specific details and ensure this section is clear.
Academic and doctoral articles or assignments shouldn't be ghostwritten
While not necessarily illegal, it would be highly frowned upon to write an academic piece (such as a dissertation) on behalf of a student.
Despite being unethical, you might notice many job postings for this service online. A ghostwriter is unlikely to get into trouble themselves, but if the student is caught, they will likely be stripped of their degree.
In this case, it’s usually more appropriate for a student to write their full document and request editing services or further tuition in their chosen subject if they feel the need.
Contact Ben Kitchen for ghostwriting or editing queries
The black-and-white answer is that ghostwriting is legal. It can be an excellent solution for people that may not have the time or skills to complete a project themselves.
The type of work you require, the ghostwriter you choose to hire, and your conscience will combine to decide whether ghostwriting is the path you should take.
Overall, I’d suggest the following:
- If the piece of work is short and relates solely to something very personal, you or someone in your team should complete it. Examples of this are workplace presentations, political speeches, or letters to loved ones.
- Ghostwriting could be for you if you want to write a book, guide, article, or website content. In this case, it’s a legal and ethical way to complete a piece of work to provide the best value. Having a ghostwriter will allow you to outline the outcomes, define a fee and take ownership of the final product.
If you’d like to contact me to discuss whether ghostwriting is right for you, why not get in touch? You can reach me through the form below.
I’m happy to help with all forms of writing but won’t take on any academic, doctoral or medical entries. However, English fluency editing services are available. (Here, I don’t change any facts. The only revisions will be where grammar or formatting could be improved.)
I look forward to hearing from you!