INTRODUCTION
Writing has evolved from being purely a creative pursuit to a respected economic activity among intellectuals. One significant development in this field is ghostwriting, where a ghostwriter voluntarily creates content for someone in exchange for payment while transferring copyright ownership. As a result, the employer claims authorship and can publish or sell the work under their name without crediting the ghostwriter.
Ghostwriting is a specialized niche requiring skills like adapting to an author’s voice and writing style. The industry is expanding at a 6.8% CAGR, increasing the demand for skilled ghostwriters[1]. Some of the fastest-growing ghostwriting niches in 2024 include Thought Leadership Ghostwriting (books, articles, and blog posts for executives and entrepreneurs to establish authority), Medical Ghostwriting (research papers, clinical trial reports, and journal articles for doctors and scientists in the pharmaceutical industry), and SEO Business Ghostwriting (creating blog posts, guides, and web content to rank for specific keywords, benefiting brands lacking content expertise).
GHOSTWRITING FROM A LEGAL PERSPECTIVE
Ghostwriting is often criticized as a form of plagiarism and considered unethical since the original writer does not receive credit, potentially misleading readers. It is comparable to AI-generated literary works being presented as personal creations. However, the key difference lies in the presence of a contract. Ghostwriting is a contractual arrangement between the employer-author and the ghostwriter, who voluntarily consents to transfer copyright ownership in exchange for monetary compensation. Therefore, it is legally recognized in India, similar to other contractual practices, though its legality varies across regions. Countries such as the U.K., Ireland, New Zealand, Australia, and certain U.S. states deem it illegal or unethical[2].
LAWS GOVERNING GHOSTWRITING IN INDIA
India currently lacks a specific statute governing the practice of ghostwriting. However, to protect the rights of those engaged in the practice, The Indian Contract Act 1872[3], and The Copyright Act 1957[4], are generally referred to. The Copyright Act 1957 grants authors two types of rights: ‘economic rights’ and ‘special rights.’ Economic rights include the ability to sell copies of the original work, while special rights pertain to paternity and integrity, which coexist with economic rights. Section 17[5] of the Act outlines who will be the first owner of copyright in various situations. Ideally, the ghostwriter should be the initial copyright owner. However, Section 18 allows the ghostwriter to transfer their economic rights or ownership to the employer-author.
The Indian Contract Act states that any contractual arrangement, including ghostwriting, must involve a valid contract with the following essential elements:
- Deliverables: A detailed and concise outline of the tasks expected from the ghostwriter.
- Payment Contract: Specifies the payment amount, mode, and timeline.
- Service Requirements: Details any additional responsibilities beyond writing, such as research or promotion.
- Project Timeline: Defines the expected duration for completion.
- Non-Disclosure Agreement (NDA): While optional, it is necessary when working on government-related or highly confidential content.
- Rights and Ownership Agreement: A crucial component outlining the transfer of ownership and rights from the ghostwriter to the employer.
- Termination Clause: Specifies conditions for project termination and includes a dispute resolution clause signed by both parties[6].
LEGAL JUDGEMENTS ON CREATIVE WORK IN INDIA
- In Mannu Bhandari v Kala Vikas Pictures Pvt. Ltd. and Anr. 1987:[7] The case elaborated on a crucial issue being the scope of 57 of the Copyright Act, 1957. It involved questions related to Ownership and Contractual Obligations, whether Mannu Bhandari retained any rights over her work after granting adaptation rights. Here, Sections 17 and 18 of the same Act came into play and the issue was whether her moral rights (paternity rights) under Section 57 of the act were infringed. The court stated that an author retains the right to object to adaptations that distort their work even after granting them economic rights to adapt. This landmark case set the precedent for disputes arising between an Original Author (Ghostwriter) and the person to whom they have given their economic rights (Employer Author).
- RDB and Co. HUF v HarperCollins Publishers India Pvt. Ltd. 2023:[8] In this recent case, the Delhi HC addressed the issue concerning copyright ownership and the novelization of the screenplay for the film “Nayak’’ by Satyajit Ray. The court ruled that the original screenplay writer will retain the copyright over his work even if Film producer has commissioned it. It highlights the principle that authors maintain their moral rights. While the case is not directly related to ghostwriters, however, it sheds light on the importance of clear contractual agreements regarding authorship and rights.
NEED FOR LAWS ON GHOSTWRITING IN INDIA
With the rise of the gig economy, freelancing has become increasingly popular across various sections of society. A distinct legal framework for freelancers, particularly ghostwriters, would provide much-needed clarity and streamline their work. While laws like the Copyright Act, of 1957 protect the rights of employers, they often overlook the rights of employed ghostwriters. This legal gap gives rise to concerns regarding copyright infringement, intellectual property disputes, and ethical dilemmas. Moreover, as more individuals take up content writing on social media, they encounter similar legal uncertainties that need resolution. However, given the prioritization of other pressing legal matters, this issue may take time to be comprehensively addressed.
Some countries, such as the Philippines and certain U.S. states, have specific laws governing ghostwriting, which India could consider as a reference for drafting its regulations. In the Philippines, ghostwriters retain economic and special rights over their work unless they explicitly waive them through a written agreement.[9] In the U.S., ghostwriting is recognized as an unbundled legal service where an attorney drafts documents for clients without formally representing them in court, allowing greater access to legal counsel at reduced costs. Additionally, U.S. copyright law designates the employer as the sole owner of a ghostwritten work unless a contract states otherwise.[10]
CONCLUSION
As with many common law subjects, India can take inspiration from U.S. regulations to formulate a comprehensive law addressing the ambiguities surrounding ghostwriting. Ethically, ghostwriting serves as a valuable alternative to AI-generated content in creative fields. Human emotions, experiences, and perspectives enhance the quality of artistic expression, making it more relatable and meaningful. While AI is increasingly used to produce art, literature, and music, its output often lacks the depth and passion of human creation. Ghostwriting not only preserves artistic integrity but also generates employment opportunities for many individuals. A well-defined legal structure would further support this practice and ensure fair treatment for ghostwriters in the evolving gig economy.
Author(s) Name: Devyani Verma (Bharati Vidyapeeth, New Law College, Pune)
References:
[1] Swasti Dharmadhikari, ‘Ghostwriting Services Market Report 2025 (Global Edition)’ (Cognitive Market Research, January 2024) <https://www.cognitivemarketresearch.com/ghostwriting-services-market-report> accessed 03 January 2025
[2] ‘Is Ghostwriting legal in academic publications?’ (IRP Academy, 23 May 2024) <https://www.researchpromotion.com/is-ghost-writing-is-legal-in-academic-publications/> accessed 03 January 2025
[3] Indian Contract Act 1872
[4] The Copyrights Act 1957
[5] The Copyrights Act 1957, ss 17-18
[6] Anandita Anand and Anandita Srivastava, ‘NAVIGATING THE RIGHTS OF A GHOSTWRITER UNDER THE COPYRIGHT ACT’ (Jurists’ Junction) <https://juristsjunction.wordpress.com/2024/05/20/navigating-the-rights-of-a-ghostwriter-under-the-copyright-act-2/> accessed 07 January 2025
[7] Mannu Bhandari v Kala Vikas Pictures Pvt. Ltd. and Anr AIR 1987 Del 13
[8] RDB and Co. HUF v HarperCollins Publishers India Pvt. Ltd. 2023 SCC OnLine Del 3046
[9] Anand (n 6)
[10] ‘GHOSTWRITING AND PRO BONO’ (Corporate Pro Bono, 2023) <https://www.cpbo.org/wp-content/uploads/2023/07/FINAL-Ghostwriting-Guide-2023.pdf> accessed 12 January 2025
