Ghostwriter Contract Dispute

Summary

If a ghostwriter published your book without your permission, it may be a copyright violation. Copyright transfers must be in writing, and federal law governs these issues. Cease and desist letters are warnings, not court orders. Consult a local attorney for detailed advice, especially if the ghostwriter is in another state like Georgia.

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I went into a contract with a ghostwriter to write my book. According to the contract, I will have all rights to my book once payment had been made in full. Payment has been made in full. I did not go into a contract for publishing however the ghostwriter published my book on his Amazon platform. I had no information on any statistics of what my book did as far as sales. I told the ghostwriter to remove my book so I can put it under my own account. He did remove it after several days had passed. I’m currently working with another publisher to relaunch my book and now the ghostwriter has emailed me a cease and desist letter.
Hello ****, could you please let me know where you're located? This information is key to provide accurate legal advice.
Louisiana
Hello ****, this seems to be a copyright issue. In Louisiana:
- Copyright transfers must be in writing.
- If you have a contract stating you own all rights after payment, it should be enforceable.
- Cease and desist letters aren't court orders. They're warnings.
You might consider consulting with a local attorney for better understanding and legal advice.
Even if the publisher is in Georgia
Are you asking if the publisher's location in Georgia changes the situation? If so, the laws for copyright violation may differ between states. In Georgia:
- Copyright transfers should also be in writing.
- However, federal law mainly governs copyright issues. Consult a local attorney for detailed advice.
Even if the ghostwriter is in Georgia
Even if the ghostwriter is in Georgia, these federal laws apply:
- Copyright transfers must be in writing.
- It is an infringement to publish without permission.
Don't ignore the cease and desist letter. Consult a local attorney for a detailed understanding.