Unethical Ghostwriter

seasons364

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This is not the usual buyer beware that you may be used to on this discussion thread, but I felt a need to share my story, a cautionary tale, I believe. For the last 10 years I have been wanting to write my story. It is a story that has never been told before. However there are others who have been through something similar. After a difficult 10 years, I finally got up the courage to search for a ghostwriter and found my way to the Association of Ghostwriters website. I contacted someone and we set up an interview. She asked me many questions. We had two phone conversations and exchanged a few e-mails. During the second phone conversation that we had, I told her that I was still in the process of interviewing other ghostwriters. Anyway, I just found out today that she has been contacting members of a forum that we had discussed on the phone. She has been soliciting them privately through the PM system asking to interview them for a book that she is writing about my idea, what I disclosed to her. I feel so violated, you have no idea. I am sick over this. How can a professional ghostwriter who advertises her services on all the ghostwriting and editorial sites take advantage of someone like that? I never thought that I needed to have a ghostwriter sign a NDA before the initial interview, but I guess I did.
 

Ravioli

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I'm sorry this happened to you; in screenwriting class this was the first thing we were told: never reveal an idea or a manuscript to anyone without having it printed and sent to yourself (=officially dated) envelope, or better, notarized first. Do you have anything on her? Have you written down or otherwise solidified material of your story that predates hers so you could sue?
 

seasons364

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Thank you Naeim,
I sent her an e-mail and asked her to stop. She wrote me an extremely nasty e-mail basically saying that I do not own the topic of my book. But the topic of my book and the story is what I disclosed to someone who promised me 100 % confidentiality. I feel so violated. Within the text of the two e-mails that she previously sent me before this happened, she told me that she maintains 100% confidentiality with everything that I share with her, so I trusted her. She knew that it was difficult for me to open up and trust someone after what happened to me. I feel as though she took advantage of me when I was most vulnerable. I have ten years of information, but I was hiring a ghostwriter to put the book together.


I'm sorry this happened to you; in screenwriting class this was the first thing we were told: never reveal an idea or a manuscript to anyone without having it printed and sent to yourself (=officially dated) envelope, or better, notarized first. Do you have anything on her? Have you written down or otherwise solidified material of your story that predates hers so you could sue?
 
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Brutal Mustang

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Aysh. This is why it's probably best to roll up your sleeves, and learn to write well yourself.
 

Old Hack

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Thank you Naeim,
I sent her an e-mail and asked her to stop. She wrote me an extremely nasty e-mail basically saying that I do not own the topic of my book.

She's right, I'm afraid: there's no copyright on ideas. That doesn't mean she's not behaved unethically.

But the topic of my book and the story is what I disclosed to someone who promised me 100 % confidentiality. I feel so violated. Within the text of the two e-mails that she previously sent me before this happened, she told me that she maintains 100% confidentiality with everything that I share with her, so I trusted her.

I guess what you have to consider is how she defines "confidentiality". It could be that she meant she wouldn't disclose your name in relation to the story.

You might find it useful to let the board owners know that she's soliciting ghostwriters to write your story: this doesn't seem ethical and the board might have rules about that. But otherwise, I think you have to let it go.

You have all the research and all the insight: she has the result of a couple of quick phone or email conversations. You're way ahead.
 

seasons364

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Thank you Old hack,
I think this says it all. This is what she wrote to me in an e-mail

"Complete confidentiality is part of the bedrock of my work. I maintain 100% confidentiality with all information you give me at any time and in any form"

I with there was some sort of ethics committee for writers, so she could be called out for this behavior.
 
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Filigree

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Nope. Those lines are not an NDA, I'm afraid. They're just part of her pitch. You can call her out to the board for being unethical, but more than that may be a waste of your time & resources. I have to second Old Hack's advice: you have your data and your story, and you can write it yourself.

I don't know your situation. I don't know why this ghostwriter wants to take your idea, but cut you out of the writing process. It may be that she thinks it needs more viewpoints than just yours, to read as a legitimate study; this is often the case in non-fiction overviews and analyses. You brought her your story. While interviewing you, she realized there was a much bigger story.

She may have simply decided she liked the idea, but didn't want to work with you. It happens. Many people who contact ghostwriters have limited knowledge on how writing works, especially non-fiction. I've seen plenty of mistaken beliefs, personality conflicts, and self-sabotage in normal two-way collaborations between authors. I imagine the potential is even higher in ghostwriting.
 

Maryn

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...in screenwriting class this was the first thing we were told: never reveal an idea or a manuscript to anyone without having it printed and sent to yourself (=officially dated) envelope, or better, notarized first.
I don't know anything about Israeli copyright law, but in the US, this "poor man's copyright" has never been recognized by the courts. It seemed important to note that, even though it slightly derails the discussion.

To which we shall now return.
 

seasons364

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I don't know your situation. I don't know why this ghostwriter wants to take your idea, but cut you out of the writing process. It may be that she thinks it needs more viewpoints than just yours, to read as a legitimate study; this is often the case in non-fiction overviews and analyses. You brought her your story. While interviewing you, she realized there was a much bigger story.

She may have simply decided she liked the idea, but didn't want to work with you. It happens. Many people who contact ghostwriters have limited knowledge on how writing works, especially non-fiction. I've seen plenty of mistaken beliefs, personality conflicts, and self-sabotage in normal two-way collaborations between authors. I imagine the potential is even higher in ghostwriting.

I never hired her. I was in the process of interviewing ghostwriters and I told her that. At one point, she told me that there was a big market for my story based on her research.
 

Filigree

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Ah, I wondered. She may be counting on the fact that, because you were still in the interview stage, it hadn't reached an NDA-applicable situation. I'm not even certain you have a legal case, by US standards. Is she being unethical? I believe so. Is she wrong, as a writer and researcher, to corroborate one person's account with as many others as possible? No - that's accepted practice in non-fiction. One person's story is an anecdote. A bunch of them can become a compelling and important mosaic of information.

You can try contacting Popehat.org, to see if any of their members can offer suggestions on a legal remedy.

Your best bet is probably to write up *your story* and research reputable publishers.
 

Unimportant

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Is it possible that she was hoping to subcontract the work? Take seasons364's money, give half of it to some poor slob who'd do the work for her, pretend she'd done it herself, and keep half the money and all the credit? Do ghostwriters do that? (Sorry, clueless here.)
 

seasons364

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I have an update. Apparently, she listened to someone that I told the story too. She just sent me an e-mail letting me know that she is no longer pursuing nor will pursue any book in the future related to my project.
 
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Maryn

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That's good to hear. Whew, huh?

Maryn, relieved
 

Filigree

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Yay! There you go: she recognized this was likely to cause more trouble than gain. Now you are free to screen other ghostwriters - or, as I'd hope, you write your story the way you'd tell it. It'll be far cheaper than a skilled ghostwriter.

If you are really unsure about how to proceed, check out adult-learning programs in your area. There may be a community college nearby that hosts affordable memoir-writing classes. I know that in AZ, most of the small colleges host such programs.
 

seasons364

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Thank you Filigree. That is a great idea.

Yay! There you go: she recognized this was likely to cause more trouble than gain. Now you are free to screen other ghostwriters - or, as I'd hope, you write your story the way you'd tell it. It'll be far cheaper than a skilled ghostwriter.

If you are really unsure about how to proceed, check out adult-learning programs in your area. There may be a community college nearby that hosts affordable memoir-writing classes. I know that in AZ, most of the small colleges host such programs.
 

Maryn

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My local writing center, the library system, and the community college offer classes in writing one's memoirs. May you be similarly surrounded.

Maryn, not used to being called sweet (see me blushing?)
 

Jamesaritchie

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I'm sorry this happened to you; in screenwriting class this was the first thing we were told: never reveal an idea or a manuscript to anyone without having it printed and sent to yourself (=officially dated) envelope, or better, notarized first. Do you have anything on her? Have you written down or otherwise solidified material of your story that predates hers so you could sue?


That's terrible, long outdated advice. It's been many decades since it would hold up in court, but the myth persists. The first question you'll be asked in court is "Why didn't you register your work?"

If you did register it, you don't need to mail yourself anything. If you didn't register it, mailing yourself a copy won't help at all. It's too simple to fake, and has been faked many times.
 

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If you still feel the behavior was unprofessional I would suggest reporting it briefly to the Association whose website gave you her information. Professional ethics is something associations are all about. The only down side could be if she goes back to the idea out of spite because you "told on her". But if you do not she is in the clear to do the same to other future clients.
 

Old Hack

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It's still bad advice, no matter how good your intentions were. It's never stood up in court and been effective, and won't help anyone who can't afford a solicitor. Better to not give any advice at all than to give advice which won't help, I think.