Ghostwriters, What Would You Do?
I’ve got a ghostwriting contract for a self-help book by a professional. We’re projecting 12 chapters, and our agreement calls for payment in four chunks. The next payment is due, and was promised, when the call came in. It turns out the author has a partnership arrangement on the book and the partner, who was to pay for half of it, is flaking out. Yesterday, when we talked, neither the author nor I were sure what to do and agreed to talk more. Now that the shock is wearing off, I’m wondering how to approach all this. Here’s what I know:
- The contract is between me and the author. Although I have talked with the partner, I was told he was a business manager and he was never included in the contract.
- The author is happy with my work so far.
- The author has a built in market for the book. (Okay, this isn’t my problem, but I think I can help him understand how to market this book.)
- I’d not only like to complete the book for the money, but I like the topic and think it needs to be told. No, I don’t like it enough to do it for free, but I might be willing to discount for a significant percentage IF I’m convinced his built-in market is really there and he will work it.
So, I have two questions for you:
- What would you do to rescue the current project?
- What would you add to your contracts in the future to protect against this sort of thing?
Write well and often,
Two newsletters:
Abundant Freelance Writing - a resource for freelance writers including 3x a week job postings.
Writing With Vision - for those who want to get a book written.
Image from http://www.sxc.hu
Tags: freelance-writing, ghost writing contracts, ghost-writing, Ghostwriting, home-business, work-at-home, writing-contractsRelated Stories
POSTED IN: What Would You Do?
4 opinions for Ghostwriters, What Would You Do?
Lori
May 21, 2008 at 7:59 am
That’s a tough one, Anne. That he’s mentioned a partner now and not at the beginning does seem odd to me. Is this a way for him to get out of the contract? You know him better than I do, so I’ll defer to your opinion that he’s being straight with you.
I’d negotiate a lower rate - maybe take off one of the four chunks, so to speak. But I’d make it clear that this is a professional courtesy extended to him. Remind him that the contract stated X. You’ll send him an amendment to that contract for him to sign in order to change the rate, but that the original contract language still applies.
If he dumps the project, he owes you money. Period.
Anne Wayman
May 21, 2008 at 8:15 am
Actually, if he dumps the project he doesn’t owe me money… the promised check was on the next chapters which haven’t been written yet… I do get paid in advance…
My hunch is this business partner getting flaky is throwing a monkey wrench into a whole bunch of things for him… do you think first sending him an email asking for an update and for clarification… like: if partner is out is there money to do the book without him?
Kathleen Livingston
May 22, 2008 at 12:41 pm
Anne,
I don’t know where my other posting on this subject went…
But my advice on Rescuing the Project:
I would re-write a contractual agreement that includes the “Author” paying you to write the rest of the manuscript. I would, if I felt that both you and the “Author” believe in the project, I would encourage the “Author” not to drop the project. I would encourage him to find the funds to finish, or have you finish the project.
As For Future Contracts:
I would and do require no less than a 50% deposit with 25% required before I send them the first chapter and the remaining 25% due before I send them the last chapter.
Additionally, I include a clause that says something toward the affect of: I will send a full copyright release upon full payment for the writing I have done for the client. And I send the release only after the work has been fully paid for.
Hope this helps.
Anne Wayman
May 22, 2008 at 2:39 pm
Kathleen, no clue either about what happened with your first post…
Actually, I do do much of what you suggest… in this case we grouped the chapters in 4 so I got a 1/4 payment up front… so the missing payment is for work I won’t do unless I get paid.
I’ve talked with him and we may be either adhering to the original contract or negotiating a new one… he says he may need the “Partner’s” finances…
I like that copyright release statement and will include that… I also want to include a staetment that addresses my time and if things slow down in terms of payment or editing on the author’s part I may take on additional work… want them to understand better up front that if they don’t pay or don’t edit they don’t get my attention forever… I’ve got another project that’s getting major delays and sort of hanging me up to dry at the moment.
Have an opinion? Leave a comment: