Can a Ghostwriter Be Sued for Libel or Invasion of Privacy? (2024)

Print Friendly

Q –

A woman wants me to ghostwrite a book about her abusive childhood? This makes me nervous. Could I be sued?

– G.A.

A –

I am not an attorney and this is not legal advice. Please consult with an attorney for your specific legal needs.

That said…

While it’s unlikely the people featured in the book would sue you, they could. Anybody can sue anybody for anything. Even if you won, the legal fees alone could bankrupt you. Furthermore, if your communications with the author were all via phone calls, and with no written contract or “acceptance” of your work or, God forbid, you had a hard drive crash and you lost all written communications with the author, she herself could also sue you if she was threatened with a lawsuit, claiming they were your words, not hers.

Many new freelancers who assist authors with their books don’t understand the legal implications of publishing books of this nature. While I agree that victims should have the right to share their stories, many are so angry about their past that they don’t care about potential libel or invasion of privacy. They have an ax to grind and, gosh darn it, they’re going to grind that ax no matter what the future legal liability may be. Some authors have no money at all and know that, even if they are sued, there will never be any money to collect. But, they are happy to pass the liability on to someone else if they can.

I’ve said it before and I’ll say it again. There’s no shortage of slimy lawyers willing to file frivolous lawsuits, hoping for a quick settlement in the end. Some new freelancers who work with authors don’t even use contracts! Yes, it’s true!

If all of your communications this author were by phone, she could simply say that you wrote that material. She could also claim, absent any written agreement or approval, that she never saw it before it went to print.

This is why it’s imperative to:

Ask Angela About Self-Publishing

Angela Hoy is not only publisher of WritersWeekly.com, she's also co-owner of self-publishing services firm BookLocker.com and works directly with each author.

That's right, you work directly with the owner of BookLocker. No revolving customer service reps, no layers of bureaucracy to navigate, and absolutely no outsourcing to low-paying overseas call centers. We don't use call centers or telemarketing at all. You will never be shuffled from one "customer service rep" to another because we don't have any of those.
You will communicate directly with Angela about any needs you have at all, as well as Richard (book marketing advice), Brian (ebooks and technical issues), Ali (print formatting), Gwen (color-interior books) and Todd or Nancy (our awesome cover designers).

Since we are selective about which books we publish, we are able to work with every author one-on-one. In the past 18 years, BookLocker has published more than 9,000 titles.

Angela's been in the print-on-demand and self-publishing business for nearly two decades. She's seen it all, and is a great source of information. To ask her anything click here.

90+ DAYS OF PROMOTING YOUR BOOK ONLINE: Your Book's Daily Marketing Plan by Angela Hoy and Richard Hoy

Promoting your book online should be considered at least a part-time job. Highly successful authors spend more time promoting a book than they do writing it - a lot more.

We know what you're thinking. You're an author, not a marketer. Not to worry! We have more than a decade of successful online book selling experience under our belts and we're going to teach you how to promote your book effectively online...and almost all of our techniques are FREE!

Read more here:

https://writersweekly.com/books/6712.html

I'm Angela Hoy, the publisher of WritersWeekly.com and co-owner of self-publishing services firm BookLocker.com. With nearly two decades of experience in the print-on-demand and self-publishing business, I've worked directly with over 9,000 authors. My extensive background allows me to provide valuable insights into various aspects of writing, publishing, and legal considerations.

Now, let's delve into the concepts presented in the article:

Ghostwriting and Legal Risks:
- The article addresses the concern of ghostwriting a book about an individual's abusive childhood and the potential legal risks associated with it. The author rightly emphasizes the need for caution in such cases, given the sensitive nature of the content.
Potential Lawsuits:
- The article highlights the possibility of being sued, emphasizing that anyone can sue for any reason. Even if the case is won, the legal fees alone could be financially draining.
Importance of Written Contracts:
- One key piece of advice is the necessity of having a binding contract, preferably drafted by an attorney, between the ghostwriter and the author. This contract should clearly state that the author is legally liable for all content in the book.
Legal Releases:
- The article stresses the importance of obtaining legal releases from living persons appearing in the book, even if their names aren't explicitly used. These releases should be prepared by an attorney to ensure their validity.
Frivolous Lawsuits and Slimy Lawyers:
- There's a cautionary note about the presence of opportunistic lawyers who may file frivolous lawsuits, hoping for a quick settlement. This underscores the need for legal protection and thorough documentation.
Communication Documentation:
- The risk of relying solely on phone calls for communication is highlighted. The author could claim that the ghostwriter wrote the material, leading to potential legal issues. Written agreements and approvals are strongly recommended.
Author's Responsibility:
- The author is advised to take responsibility for the content and potential legal implications, emphasizing the importance of a well-structured contract.
Anecdotal Example:
- A real-life example is provided where an author wanted to publish a book about her abusive childhood, and a notable figure in the story was not portrayed positively. The article recounts the author's refusal to obtain a notarized release, leading to suspicions of dishonesty.
Negative Reviews and Threats:
- The article touches on the tactic of authors threatening to post negative reviews online and using accusations of scams to manipulate situations, emphasizing the challenges faced by those in the publishing industry.
Author's Background:
- Additional information is provided about the author, Angela Hoy, her role in BookLocker.com, and the personalized, direct interaction with authors seeking publishing services.

The overall theme centers on the potential legal pitfalls of ghostwriting sensitive content and the importance of legal safeguards, contracts, and ethical considerations in the publishing process.

Can a Ghostwriter Be Sued for Libel or Invasion of Privacy? (2024)

FAQs

Can ghost writers be sued? ›

Under copyright law, the work produced by a ghost writer is a “work made for hire.” That means that the employer (the person who didn't write the book) is the “author” and the owner of the copyright. The ghost writer's claim for compensation is against the person who hired him or her.

Tell Me More ›

Can an author be sued for defamation? ›

The short answer is yes, absolutely yes. The long answer is that if you portray someone in a book, especially if it is not in a good light, that person can sue you for libel, slander, and defamation of character. You're better off altering the character name and description at the very least.

Learn More ›

Can you sue someone who wrote a book about you? ›

To successfully sue an author for libel, you would need to prove that the author: made a false statement about you purporting to be fact. the author's fault in making the false statement amounted to at least negligence.

Show Me More ›

What rights does a ghostwriter have? ›

As the name implies, ghostwriting is usually a highly confidential arrangement. The person who writes the content doesn't put their name on it. A ghostwriter agrees to waive all rights, once they receive payment, to the content they produce.

See Details ›

Why is ghostwriting illegal? ›

Ghostwriting may be illegal when it is part of other allegations such as fraud, conspiracy to commit fraud, or off-label promotion. Legal experts argue that physicians who sign their names to ghostwritten articles should be charged with professional misconduct and fraud.

Get More Info ›

Can you get sued for writing a fiction book about someone? ›

Lawyers who vet, and writers who write, need to watch out for innocent literary bystanders. While publishing truthful information is generally considered a complete defense to libel, private individuals can sue for highly offensive or embarrassing truths.

Know More ›

Is it worth suing for defamation? ›

A defamation lawsuit might assist you in reinstating your reputation. Furthermore, it might aid in obtaining financial recompense for tangible damages incurred as a result of libel or slander.

Find Out More ›

Can I sue someone for writing about me without my permission? ›

But writing about a real person in a way that defames, libels, or invades their privacy without permission to do so is risky for any writer and may result in a lawsuit as well as present credibility problems for you as an author.

Keep Reading ›

Can you be sued for writing an expose? ›

Even if you publish the truth, you may still be sued for invasion of privacy if you disclose private information that is embarrassing or unpleasant about an identifiable, living person and that is offensive to ordinary sensibilities and not of overriding public interest.

Learn More Now ›

Can I get sued for writing a book about my life? ›

While getting sued for something in your memoir is exceptionally rare, it can happen. The risks are highest for authors with big platforms, especially if they're writing about well-known public figures or powerful institutions.

Find Out More ›

How do you avoid libel in fiction? ›

Here's a run-down of a few techniques that can minimize the chance of getting sued for libel in fiction: (a) use disclaimers (more about that later); (b) disassociate the doppelgänger from their real-life counterpart by writing composite characters; (c) depict but do not disparage; and (d) wait for the real-life person ...

Can you credit a ghostwriter? ›

Ghostwriters don't typically get credit. Although times are changing, it's still uncommon for authors to admit they've used a ghostwriter. Sometimes they might thank them in the Foreword or Acknowledgements. But it'll often be for their 'help with research' or 'editorial input' instead.