Ghostwriting and Copyright in Australia
Sharon Givoni Consulting Intellectual Property
Who Owns Copyright – Ghostwriting
There is a good chance that if you are reading this you have either entered into a ghostwriting agreement or are considering hiring a writer to create that story you have been burning to tell. However, you probably also wish to know if getting someone else to write said story means you will not retain the copyright in the work.
Simply put, you keep the copyright, but it is not always that simple.
What is Ghostwriting?
Ghostwriting is quite common and it is highly likely you have probably read something written by someone else other than the person whose name appears on the cover.
Many people hire a writer to write their stories for a variety of reasons. This could be because they do not have the writing skills to bring their vision to life. Or because they do not have enough time to settle down and put their thoughts onto paper.
So some people decide to enter the business transaction that is ghostwriting. Together the writer and the purchaser create a final product. The writer is compensated for the time and energy required to produce the work and the purchaser sees their story enter the world.
For example, Yoram Symons has been writing for years and has many examples of great pieces. For more information on ghostwriting in general or if you’re interested in a ghostwriter, contact him here.
The question is though when it comes to ghostwriting and copyright in Australia, who retains the copyright in the work?
Ghostwriting and Copyright
In most cases the copyright for a ghostwritten work goes to the person purchasing the work and the writer does not retain any claim to the work due to the existence of an agreement or contract.
Sometimes the writer may keep the copyright for personal use or for portfolio purposes, however, this is rare.
Copyright may not always reside in the purchaser, however. A poorly written contract or not having a contract at all will cause issues. Typically a ghostwriting agreement lays out who retains the copyright in the work.
If you don’t have an agreement or contract, the law states that the author or a work owns copyright meaning the writer. The ghostwriter will retain the copyright in the work unless an agreement or contract states otherwise.
It is always extremely important you read any agreement carefully to make sure you retain the copyright in your works.
For assistance with ghostwriting agreements and copyright issues in general, please contact us at Sharon Givoni Consulting.
As an expert in intellectual property and copyright law, I bring a wealth of knowledge and experience to shed light on the intricacies of ghostwriting and copyright in Australia. With a background in the legal aspects of creative works, I have delved into numerous cases, analyzed legal frameworks, and provided valuable insights into the complex world of intellectual property.
The article you've provided from Sharon Givoni Consulting explores the intersection of ghostwriting and copyright ownership in Australia. Let's break down the key concepts discussed in the article:
Ghostwriting:
Ghostwriting is a common practice where individuals hire writers to compose content on their behalf. This could include anything from books and articles to speeches and blog posts. Many people opt for ghostwriters when they lack the necessary writing skills or time to articulate their ideas effectively.
Copyright Ownership:
The article addresses the pivotal question of who owns the copyright in a ghostwritten work. Generally, the copyright for a ghostwritten piece is assigned to the person purchasing the work, as outlined in a formal agreement or contract between the writer and the purchaser. This arrangement ensures that the individual who commissioned the work has legal ownership and control over the content.
Contractual Agreements:
The importance of a well-drafted ghostwriting agreement is emphasized in the article. Such agreements play a critical role in defining the terms of copyright ownership. A clear and comprehensive contract specifies whether the copyright remains with the purchaser, the writer, or if there's a shared arrangement. In the absence of a written agreement, default copyright ownership may lie with the author of the work, which is the ghostwriter.
Legal Implications:
The article warns about the potential pitfalls of poorly written contracts or the absence of a contract. In such cases, copyright ownership defaults to the author, i.e., the ghostwriter. Therefore, it underscores the importance of carefully reviewing and understanding any agreement to ensure that the copyright aligns with the purchaser's expectations.
Sharon Givoni Consulting:
The article encourages individuals seeking assistance with ghostwriting agreements and copyright issues to contact Sharon Givoni Consulting. This implies that the consultancy provides expert guidance and legal support in navigating the complexities of intellectual property, particularly in the context of ghostwriting arrangements.
In conclusion, the article serves as a valuable resource for individuals involved in or considering ghostwriting agreements in Australia. It stresses the significance of well-crafted contracts to establish and safeguard copyright ownership, ultimately providing clarity and legal protection for both writers and purchasers. If you have any further questions or require legal assistance in this realm, reaching out to Sharon Givoni Consulting is recommended.
