Ghostwriting 101: Ethics, Credit, and Legal Grey Areas

The idea of ghostwriting tends to spark mixed reactions. Some folks think of it as a bit sneaky, like it’s hiding something. Others see it as a smart and perfectly normal way to get things done. After all, not everyone who wants to write a book or launch a newsletter has the time, skill, or interest in doing the actual writing.

We recently chatted with the team at Podmore Legal, a law firm that knows the ins and outs of creative rights across Western Australia and Victoria. Turns out, ghostwriting isn’t just a quirky corner of the writing world – there are proper legal rules, ethical calls to make, and a fair bit of grey area if you’re not careful.

So whether you’re thinking of hiring a ghostwriter or becoming one, here’s the lowdown on how it all works, how to keep it above board, and where things can get a bit sticky.

What Exactly Is Ghostwriting?

Ghostwriting is when you write something for someone else, and they take the public credit for it. You stay behind the curtain. Your words, their name. And in most cases, everyone’s happy with that arrangement.

It shows up in more places than you’d think. Books, blogs, political speeches, social media posts, online courses, even the odd love letter (yes, really). You’ve probably read ghostwritten content without ever realising.

Some people get nervous about it, imagining it’s some sort of secret operation. But in reality, it’s just another service. A lot like having a designer redo your logo or hiring a photographer to take your wedding pictures. They’re bringing your vision to life, but you’re the one stepping into the spotlight.

The Appeal: Why Writers Do It

There’s a decent chunk of writers out there who prefer life in the background. They love the craft, but they’re not interested in personal branding or book tours. Ghostwriting gives them a way to keep writing without having to be “seen”.

It can also pay better than publishing your own work, especially if you’re writing for business leaders or public figures. And the projects are usually varied – one week you’re channelling a fitness coach, the next it’s a startup founder or an ageing rock star.

For clients, the appeal is obvious. You get polished, professional writing without having to wrestle with a blank page or worry about grammar. You bring the ideas and voice, your writer shapes them into something solid.

The Ethical Questions

Here’s where things start to wobble a bit. Is ghostwriting sneaky? Or is it totally fine as long as everyone agrees to it?

The answer depends a lot on context. Say a busy author hires someone to help write their book based on interviews, notes, and rough drafts – that feels pretty fair. But if a politician is paying someone to write opinion pieces and pretending they’ve written every word themselves? That gets more awkward, especially if their public image is built around authenticity.

Then there’s the line between helpful and dishonest. Ghostwriting a memoir? Sure. Ghostwriting someone’s university assignment or thesis? Now you’re knee-deep in academic misconduct territory, and that’s not somewhere you want to be.

What it really comes down to is honesty. If a ghostwritten piece reflects the real thoughts, experience, and style of the named person, it’s usually considered ethical. But when it strays into fakery or misleading territory, that’s when things feel a bit off.

Credit and Recognition

Ghostwriters rarely get public credit. That’s kind of the deal. But that doesn’t mean credit never comes up.

Some writers are fine with staying invisible. Others might ask for a small nod – a “with” or “as told to” mention, or even just a private thank-you. It depends on the project, the people involved, and what’s agreed upfront.

From the client’s side, expectations vary too. Some don’t want anyone to know they’ve had help. Others are happy to credit their writer, especially if the process has been collaborative.

There’s no single rule here. But it’s best to be clear from the beginning. Who owns the final words? Will the writer be credited? What happens if the work goes viral or turns into a book deal? These are all things that should be worked out before fingers hit keyboards.

Legal Foundations of Ghostwriting

This is where things go from “vibes” to actual rules. And honestly, if you’re going to get involved in ghostwriting regularly – as a writer or a client – you’ll want to have at least a basic grasp of the legal side.

Contracts Matter

First things first: always have a written agreement. Every time.

It doesn’t need to be a beast of a document, but it should spell out what’s being written, who it’s for, how much it’ll cost, and what happens if either party flakes out. Things like revision limits, deadlines, and payment stages might feel like admin fluff, but they’ll save your neck if things go sideways.

Even a simple one-page agreement is better than a bunch of hopeful emails and crossed fingers.

Intellectual Property (IP)

Here’s the real kicker – who owns the words?

By default, in many places (including Australia), the person who writes something owns the copyright unless they’ve signed it over. So unless your contract says otherwise, the ghostwriter still legally owns the content they’ve created.

That’s where “work for hire” clauses come in. A proper contract will include a clear transfer of rights from the writer to the client. That way, the client can publish, edit, or adapt the work however they like, and the writer can’t come back later asking for royalties or credit.

If there’s no such agreement in place, and the client starts selling or distributing the content widely, things can get messy fast.

Non-Disclosure Agreements (NDAs)

NDAs are common in ghostwriting, especially when high-profile names or sensitive projects are involved.

An NDA basically says, “Let’s keep this between us.” It protects both the client’s privacy and the writer’s work until it’s handed over.

They’re not always needed, but when they are, they should be clear and fair. Vague or overly strict NDAs can be a red flag – especially ones that try to silence writers from ever mentioning the project, even privately or in portfolios.

Ghostwriting Gone Wrong

When ghostwriting goes off the rails, it’s usually because something wasn’t discussed properly in the beginning.

Maybe the client expected unlimited revisions and the writer thought the job was done. Maybe payment was delayed, or never came at all. Or worse, the ghostwriter’s work is used in ways they never agreed to – like turned into a TV show, repackaged into a course, or sold on without any acknowledgement.

There have also been public dust-ups. Think of celebrities who deny using ghostwriters, only to have the ghost spill the beans later out of frustration. Or writers who realise their name is attached to something that’s been edited into nonsense.

The fix is almost always the same: clear boundaries, in writing, before work begins.

How to Ghostwrite (or Hire One) Ethically

If you’re the writer, pick your projects carefully. Make sure you understand the expectations, the tone, and the purpose behind the piece. Don’t be afraid to ask hard questions up front – it’s better than untangling confusion later.

Use contracts, and don’t start writing until at least part of the payment has landed in your account. It’s not about mistrust – it’s about treating your work with the same respect any other professional service gets.

If you’re the client, respect the ghostwriter’s time and expertise. Give them good material to work with, be clear about deadlines and revisions, and make space for their professional judgement.

And both sides should keep the lines of communication open. Things go a lot smoother when everyone knows where they stand.

Final Thoughts

Ghostwriting lives in that odd little space between creativity and commerce. Done well, it’s collaborative, rewarding, and entirely above board. Done badly, it can lead to all sorts of awkward conversations and legal headaches.

But here’s the thing – it doesn’t have to be a mystery. With a bit of honesty, some solid paperwork, and clear expectations, ghostwriting can be a win-win.

It’s not about hiding who did the writing. It’s about helping ideas come to life, in a voice that resonates, whether the name on the byline is yours or not.

And if you’re ever unsure about the legal bits, a quick call to someone like the team at Podmore Legal can help you steer clear of the potholes. They’ve seen more than a few ghost stories in their time.