NationStates Jolt Archive


Is this illegal:

Trexia
19-10-2005, 00:43
NO, DON'T JUMP TO CONCLUSIONS! Just hear me out. Would it be illegal if a person wrote a book or something like that, gave it to another person to publish and copyright as their own, and not tell anyone?
Nadkor
19-10-2005, 00:44
Not as far as I know, as long as full consent is given.
Economic Associates
19-10-2005, 00:44
NO, DON'T JUMP TO CONCLUSIONS! Just hear me out. Would it be illegal if a person wrote a book or something like that, gave it to another person to publish and copyright as their own, and not tell anyone?

You mean ghost writting?
H N Fiddlebottoms VIII
19-10-2005, 00:46
NO, DON'T JUMP TO CONCLUSIONS! Just hear me out. Would it be illegal if a person wrote a book or something like that, gave it to another person to publish and copyright as their own, and not tell anyone?
Well, if both sides know all aspects of the agreement in full (and that they are in full agreement about the agreement) then I supppose it is legal. If you happen to be one of the people, though, I would be sure to get this stuff down on paper somewhere before you go through with it.
Now, the question of whether its moral (okay, so you didn't ask it, flub off) is debateable. I'd say no, because someone is taking the credit from someone else for an achievment, but that is just me.
Kiwi-kiwi
19-10-2005, 00:47
You mean ghost writting?

I thought ghost writing was when an author gave their plot to another person to write, and both are credited...?

It's more like using a penname, only it further detaches you from your work. I can't see WHY someone would want to do that though.
Trexia
19-10-2005, 00:58
Well, if both sides know all aspects of the agreement in full (and that they are in full agreement about the agreement) then I supppose it is legal. If you happen to be one of the people, though, I would be sure to get this stuff down on paper somewhere before you go through with it.
Now, the question of whether its moral (okay, so you didn't ask it, flub off) is debateable. I'd say no, because someone is taking the credit from someone else for an achievment, but that is just me.
Oh, no. I'm not trying to take someone's writing. I'm trying to give someone my writing. He'll get a shove in the right direction and then we'll both become famous.
Keruvalia
19-10-2005, 01:02
NO, DON'T JUMP TO CONCLUSIONS! Just hear me out. Would it be illegal if a person wrote a book or something like that, gave it to another person to publish and copyright as their own, and not tell anyone?

Gave it? No ... not illegal.

Stolen? Again ... no ... not illegal ... it's a civil, not a criminal matter.
Keruvalia
19-10-2005, 01:03
I can't see WHY someone would want to do that though.

Sometimes you just have to pay the bills, you know? Being a writer isn't the high dollar, glamerous life portrayed in the movies ... sometimes we have to bite the bullet and ghost writing is a nice way to pay the mortgage.

Ummm ... forget I said this ... I was never here.
Tanners and Knappers
19-10-2005, 01:09
Gave it? No ... not illegal.

Stolen? Again ... no ... not illegal ... it's a civil, not a criminal matter.

Where on earth do you get the idea that it's not illegal just because it falls under the jurisdiction of civil law?
Katganistan
19-10-2005, 01:11
You mean ghost writting?

Ghost writing is when one person is contracted by a second to write a book, and the book appears in the second person's name.

The first Star Wars novelization, which has George Lucas' name on the cover, was actually written by Alan Dean Foster.

My cousin is a ghost writer as well. Perfectly legal.
Keruvalia
19-10-2005, 01:11
Where on earth do you get the idea that it's not illegal just because it falls under the jurisdiction of civil law?

Criminal law and civil law are different in the United States.

For example: Adultery. While you can sue for divorce over adultery, you cannot be sent to prison for it.
Tanners and Knappers
19-10-2005, 01:13
I thought ghost writing was when an author gave their plot to another person to write, and both are credited...?

Ghost writers are often not credited; they're just paid. As long as everyone has agreed to the arrangement in advance, I don't see why it should be illegal.

Many State Bar Associations offer free legal advice, or a cheap half hour of consultation with a lawyer who specializes in a particular field that you need advice on. You might call your local SBA and ask if they offer any programs like that. If not, write up a contract and get to it!
Kiwi-kiwi
19-10-2005, 01:16
Sometimes you just have to pay the bills, you know? Being a writer isn't the high dollar, glamerous life portrayed in the movies ... sometimes we have to bite the bullet and ghost writing is a nice way to pay the mortgage.

Ummm ... forget I said this ... I was never here.

Oh, ghost writing I get. I'm just not sure I understand the principle behind writing a work that's completely your own and then giving it to someone else so they can claim it's they're own. Now, say you're given credit (at least some for it), but it's copyrighted to someone else, I guess that kind of makes more sense... and yet not, unless you have some contract that gets you money out of the deal.

I don't really know a lot about publishing and copyrighting, though, so meh.
Tanners and Knappers
19-10-2005, 01:17
Criminal law and civil law are different in the United States.

For example: Adultery. While you can sue for divorce over adultery, you cannot be sent to prison for it.

Right, I understand that. Adultery is generally not illegal, though; it's grounds for divorce nevertheless.

However, whether or not something is punishable by jail time isn't what makes it legal or illegal. The issue is whether or not it's been legislated against.

Civil illegalities are still illegal. They're just not tried in a criminal court of law.
Kiwi-kiwi
19-10-2005, 01:19
Ghost writers are often not credited; they're just paid.

Thankyou for clearing that up for me.

What all does ghost writing involve, though? Does it just go for writing another person's story, or would giving a story that's completely your own to another person be considered ghost writing?
Tanners and Knappers
19-10-2005, 01:26
Thankyou for clearing that up for me.

What all does ghost writing involve, though? Does it just go for writing another person's story, or would giving a story that's completely your own to another person be considered ghost writing?

Well, here's what professionals have to say about it:
http://www.ghostwords.com/
http://www.write101.com/ghost.htm
http://directory.google.com/Top/Business/Business_Services/Communications/Writing_and_Editing/Writing/Ghost_Writing/

And Wikipedia says:
A ghostwriter is an author who writes under someone else's name, with their consent. A ghostwritten book is deceptive — the author on the cover is not the actual writer. On the other hand, the market for books written by celebrities is greater than the market for books written by unknown writers. The celebrity gets a book and the ghostwriter gets paid. Finally, the book is better written.
en.wikipedia.org/wiki/Ghost_writing

Was that information overload?
Keruvalia
19-10-2005, 01:31
Civil illegalities are still illegal. They're just not tried in a criminal court of law.


Ah okie ... well when I think of something as "illegal", I think of it as something you can do prison time for committing. Usually with civil things, I tend to think of that as more "frowned upon".

Cat-Tribe would be much better suited to this sort of thing as I am in no way an attourney.
Tanners and Knappers
19-10-2005, 01:37
Thankyou for clearing that up for me.

What all does ghost writing involve, though? Does it just go for writing another person's story, or would giving a story that's completely your own to another person be considered ghost writing?

I just realized--in that case, your friend would be ghostwriting for YOU. If you want to retain some control over your story, you might bill yourself as "creator" or "co-creator" if it's a series or something.
Kiwi-kiwi
19-10-2005, 01:40
Well, here's what professionals have to say about it:
http://www.ghostwords.com/
http://www.write101.com/ghost.htm
http://directory.google.com/Top/Business/Business_Services/Communications/Writing_and_Editing/Writing/Ghost_Writing/

And Wikipedia says:
A ghostwriter is an author who writes under someone else's name, with their consent. A ghostwritten book is deceptive — the author on the cover is not the actual writer. On the other hand, the market for books written by celebrities is greater than the market for books written by unknown writers. The celebrity gets a book and the ghostwriter gets paid. Finally, the book is better written.
en.wikipedia.org/wiki/Ghost_writing

Was that information overload?

Ooh, thanks. Just the Wikipedia thing was good for me.
The WYN starcluster
19-10-2005, 02:04
Ghost writing is not illeagal per se; but, do not try this in an academic environment.

You have been warned - it's a real quick route to a good ole'
"don't let the door hit you in the posterior as we eject you from this school" routine.