Legal Question in Intellectual Property in California
Could this Ghostwriting service sue me?
I'm interested in hiring a ghostwriter to ghost write my book. I have heard horror stories that even with a Solid contract the ghost writer can sue you for rights/ownership/royalties. The contract is below, can he sue me if the book is successful? Thanks!!
GHOSTWRITER-AUTHOR AGREEMENT OVER A BOOK
By this memorandum of understanding, signed this signature date; both the parties described herein under as, represented by your name of your address___________________
_________________________________, also described as the �author�; and ***, represented by ********, address *******, also described as �ghostwriter�, do hereby agree to all the terms described and given below:
1. Your name is commissioning ******to begin the project of ghostwriting a book on the subject ________________________________________�
2. The tentative working title of the book shall be �Title of the book�. This title is subject to change.
3. The deadline for completion of this book is _____ days after the signing of this agreement.
4. Your name agrees to pay ****** a consolidated sum of USD $total amount for the project that will include the following:
a. Writing the book on the guidelines/synopsis laid down by Your name.
b. Getting it edited by a pro-editor before submission.
5. The fees of the co-writer/ghostwriter will be paid as follows:
a. 1/3 fees ($____) advance to get the project started.
b. 1/3 fees ($____) after 33% work submission.
c. The remaining 1/3 fees ($____) will be paid on 66% work submission.
6. ******* (ghostwriter) is subject to NO royalty or commission on the sales of the book. He is only entitled to the one time fees of $ total amount .
7. ********(ghostwriter) will maintain full confidentiality and secrecy about this project.
8. The book will be ____ pages in length.
9. ******* agrees that he will not take the help of any plagiarism, meaning he will avoid using borrowed material in this book exactly as they are found elsewhere.
10. Your name will own all copyrights for this book, including sale and distribution rights.
11. Your name will have full freedom to set the retail price of this book, deal with any publisher, publishing agent and may even distribute it free of cost if he wishes. ******* will have no say on setting the price of this book.
12. There are no refunds of payments made.
13. Your name can request ****** to make a reasonable number of changes and edits during the period of production of this book and within 7 days of completion of the book.
Both the parties do hereby agree to the terms laid and set above.
Signature
Your name (author)
Signature
*******(ghostwriter)
Date: _______________
2 Answer from Attorneys
Anybody can sue anybody for anything. Yes, if the book is successful you might get sued and who knows, you might be wise to settle. That's show biz. So write the book yourself.