Category Archives: Rights

Before you sign a Ghostwriter contract

You have found a ghostwriter that you want to work with.  You are ready to sign a contract.  But does the contract cover everything? Here is a quick guide to what you need to know…

RIGHTS

The most important thing to make sure is covered in a contract is rights.

(NOTE: Nothing in this blog posts constitutes legal advice; for that you must contact a duly recognized attorney.)

International copyright conventions recognize the writer as owner of his or her own words.  So it important to make sure that any contract between you and your ghostwriter assigns all rights, including foreign rights, film rights, etc.  So important are rights, that I would say this is the main reason we work with contracts when writing books rather than just a hand shake, as we do mwith most other projects.

PRICE and PAYMENT SCHEDULE

Price is the most obvious item to include in a contract.  You want to know how much you will pay and when it is due, and it should be clearly stated.  Some ghostwriting agencies will include a calendar schedule for payment, others (like us) base it on milestones.  We typically divide payment into thirds, but we are flexible on that.

WORD COUNT

This might also be obvious, but be careful.  All our contracts specify a range of words rather than an exact count, and there is a reason for that.

Word count is important, because it defines the quantity of work you will receive.  If you pay $12,000, you don’t want to wind up with just 10,000 words.  On the other hand, if you pay $12,000, the writer does not want to be stuck writing 120,000 words.

But – and this is critical – you do not want to identify a specific number of words that the writer is compelled to write.  If a writer has to write exactly 60,000 words, she will be far too focused on reaching that word count – at the expense of the quality of the manuscript.  Added fluff or cut corners is not to your advantage.

Our contracts always specify a range of words, such as 55,000 – 65,000 words.

CONFIDENTIALITY

This might or might not be important to you.  If it is, make sure it is included.

RESEARCH

If you are expecting the writer to do research for you, best outline that in detail.  Our default contracts specify no research.  Our writers typically do some research, such as small fact-checking or details about a location, but if there is anything specific you need, that will need to be specified and paid for.

If you are dealing with a high-priced agency, one that charges something like $25,000 for a 75,000 word book, you should expect unlimited research (in my opinion), but don’t try telling them that I said so.  Just make sure that it is clearly stated in the contract.

CONTACT

You might want to specify what type of contact you will have with the ghostwriter.  For a few people, face-to-face meetings are important, although they obviously lead to higher costs.  Some clients want frequent contact with the writer; others want to let the writer run with the topic.

Our default contract makes it clear that it is the client’s responsibility to make sure he is satisfied with the content as it is being produced, which means there is a chapter-by-chapter contact built in.  It also offers a default price for face-to-face meetings, should the client wish to do that after signing the contract. Of course, we have the ability to be flexible in areas like this.

TIMELINE

This is the trickiest element.  Often a client wants to specify a timeline, so that the writer does not drag on too long.  Understandably, you are eager to see your book published.

But the writer is a professional who pretty much sticks to a rigorous schedule.  The client, on the other hand, has a life.  And the client does not always have the time to review each chapter as it comes back from the writer.  A busy person might take a month to get back to the writer with an “OK” or a list of changes required.  A six-month job sometimes takes 12 months, as a result.

Ironically, the few times a client has insisted on specific dates, they have inevitably failed to provide timely information required for the project.  Not even close.

Our contracts all specify an expected end date.  It is important to have mutual expectations, but nobody benefits from rushing either the writer or the client.  We once had a client disappear – phone, email, mailing address – for nine months, then return to complete his book.

CONTRACTS and WRITERS

The bottom line is that you want a contract to address the legal matters and perhaps also to set parameters.  But you do not want contracts to cramp the creative process.  Keep one eye on the legal aspects (specific) and the other on the creative process (flexible) and you have the basis for an effective ghostwriting contract.

Just remember that no contract will ensure a successful ghostwriting project.  For that, you need to decide if the ghostwriter is easy to work with, whether foreclosure defense hollywood knows her craft and if the writer and the agency are accommodating in their approach.

 

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Was my writing stolen?

Was my writing stolen?

I invited Briana Myricks to write this guest post.  When I heard her story, I knew that all writers – not just blog writers – will relate to what she experienced.  I am curious to hear your comments once you have read her post.

Have you ever written a blog post that you put your figurative, or even literal, blood, sweat, and tears into? If you are a blogger, chances are, you have on numerous occasions.  Most other writers have, too.  What about a post you spent hours researching and perfecting to be not only logical and understandable, but also fun and entertaining? Writers and bloggers everywhere are probably nodding their heads in unison. Think back to how proud you were when your hard work was noticed by your peers, your supervisor, and even other media. When your writing was featured in roundups and bigger blogs, you probably patted yourself on your back for a job well done. You were getting the recognition you’ve always thought you deserved.

Now think of a time when someone stole either your idea or your work outright. How furious were you? If you’re a blogger and your content was scraped onto a spammer blog, you may or may not have even flinched. But what if your work showed up on a more authoritative site with a large readership, a more expansive reach, and higher SEO value than your site? You wouldn’t feel too good, would you?

A few weeks ago, my childhood came to an end with the final movie installment of the Harry Potter saga. I felt that I had learned so much from the Hogwarts students, and was compelled to blog about it. I took to StupidCents, a personal finance blog that I’m a staff writer for, and explained to readers the financial lessons I learned from each Harry Potter story. I spent hours doing research and writing the post, wanting it to be accurate and a quality post, rather than simple link bait. My diligence paid off; the article was featured in the Carnival of Personal Finance, the Best of Money Carnival, and even Canada’s largest national newspaper, Globe Investor. The post is the most popular on StupidCents.

Friday, I was going through my RSS reader and found that Business Insider’s War Room had a post about financial tips from Harry Potter. I was excited, assuming that my post was also featured on the huge news site. As I read the article, I saw that there were several points that I mentioned, but another person as the author with no credit to my article. I was livid! Was Business Insider stealing my content? I left a comment voicing my suspicion, and I consulted several friends and colleagues to compare the two posts. After reading both posts, they felt that although my post may have heavily influenced the one featured by the War Room contributor, it was not stolen. I felt a little better about it. I was put a bit more at ease when the author pointed out differences in our articles with a reply to my comment.

This situation got me thinking: how many other times has this happened in the blogosphere? No doubt, there are sites that exist specifically for content scraping. Content farms, where high quantity and low quality are the name of the game, were also known for taking quality articles from other sites and passing it along as their own. Thankfully, Google’s Panda update has discredited thousands of those sites, including content farms like Associated Content, AllBusiness and HubPages. Of course, there’s going to be articles that echo many of the same lessons, much like there are so many articles offering mostly the same tips on “how to save money on gas”.

What are the odds that you get several of the same personal finance lessons from 4,195 pages (from the US edition of the Harry Potter books) and 19.6 hours of film?!

Another issue is when your content is featured word for word on a higher authority site. I was in this situation a year ago. I wrote a post on my now defunct Internet marketing blog about why “Facebook Quit Day” was a flop. I was a tiny blog getting very little visitors, and a small blip on the Internet radar. I was also a member of Social Media Today, and had my blog feed imported. My article was featured on the website, word for word, and received tens of thousands of page views…on the Social Media Today site. Sure, there was a link to the “original article” but who’s really going to go to a little known blog to read the exact same article on a bigger site? Even the number of tweets was more than I could imagine but I didn’t prosper, as my Twitter profile was not connected to the auto-tweet. So was Social Media Today not stealing because they linked my original article? It’s tough to say.

It’s understandable that people look for research online and can come up with similar ideas, or even base their posts off another one. I even understand that as unique as you may think your idea is, someone could have the same idea as you without it being content theft. Internet publishing still doesn’t have the same rights personal injury attorney boca protections as physical works like magazines, newspapers and books. However, if you are using another story or someone else’s ideas in your creative work, always give credit where credit is due. It’s common courtesy at the very least.

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