Joint copyright with your ghostwriter: risks, rights and practical options

Used under a Creative Commons Licence

Joint copyright with your ghostwriter: risks, rights and practical options

Ever found yourself staring at a half‑finished manuscript and an even less finished ghost-writing agreement, Googling “Can I share copyright with my ghostwriter safely?” at 2am?

Let me tell you something – if my clients are anything to go by, you are not alone.

Australian authors, coaches and content creators often start with good intentions and a handshake, only to discover later that “we’ll just own it together” is not a legal strategy – it is a plot twist.

This blog walks through what joint copyright with your ghostwriter really means under Australian law, why it can be both empowering and paralysing, and how a well‑drafted agreement can give you the creative partnership you want without locking your book in legal limbo.

Why creatives Google “joint copyright” at 2am

If you’re working with a ghostwriter in Australia, it’s natural to want to reward their effort while still keeping control over your life story and your brand. The trick is doing it in a way that avoids nasty surprises later – especially where joint copyright ownership is involved.​

Ghost-writing deals: what usually worries both sides

A typical ghost-writing arrangement in Australia might look like this:

The client owns the copyright in the book and all drafts

The ghostwriter gets paid either:

• an upfront or staged fee, or
• a share of profits if the book sells
• The ghostwriter is credited (or stays anonymous) as agreed

That all sounds straightforward until you add in real‑world issues like:

• What if the book never gets published?
• What if the project stalls and the ghostwriter feels like they’ve worked for free?
• What if the client wants to control film or TV rights, but the writer wants a more meaningful stake?

This is often where the idea of “joint copyright ownership” comes up as what seems to be a “fair” middle ground.

But the law can get surprisingly rigid if you don’t have a clear written agreement.​

What joint copyright actually means in Australia

Under Australian law, when two or more people create a work together and their contributions can’t easily be separated, they’ll usually be treated as joint authors and joint owners of copyright. That can happen with:

• Two software engineers co‑writing code
• Co‑authors of a book or screenplay
• A client and a ghostwriter whose contributions blend into one text

By default, joint owners of copyright:

1. Each own a share (often as “tenants in common”, usually in equal shares unless agreed otherwise)
2. Cannot deal with the copyright freely without each other’s consent in key ways
3. A useful summary from state and government guidance is:
4. A joint copyright owner cannot exploit (copy, reproduce or publish) the work and keep all the profits, without the consent of the other owner
5. A joint copyright owner cannot assign (sell or transfer) their interest without the other owner’s consent
6. A joint copyright owner cannot grant an exclusive licence without the other owner’s consent

That means neither joint owner can really unlock the economic value of the work on their own – they must cooperate.

A real‑world case study

Imagine two software engineers in Brisbane write an app together.

They expect things to be equal, friendly and profitable. But they either have no written agreement, or their agreement just says they “jointly own the copyright” and doesn’t explain how either of them is actually allowed to use or commercialise the app.

In that situation, Australian law effectively locks them together.

Engineer A cannot sell the app, license it exclusively to a company, or even sell their share, without Engineer B’s consent. Engineer B is in exactly the same position and also needs Engineer A’s consent before doing any of those things.

The result is that neither of them can really make money from the app unless they do it together.

When the relationship is good, this can feel fair and protective. But if one of them becomes uncooperative, too busy, or disappears, they can effectively hold the project hostage and block any deals.

What can we learn from this?

The key lesson is that it is risky to say “we’ll just own it together” and say nothing more – a joint ownership agreement should clearly spell out how each person can use, license or sell the work, so the default legal rules do not trap everyone in a stalemate.

The same logic applies to a ghostwriter and a client who “jointly own” copyright in a book.

Or two co‑founders who jointly own the code and branding for their startup without an IP agreement, only to discover later that one can block an investor’s deal by refusing to sign.

Another one is if two photographers co‑own a photo series and then disagree about whether it can be licensed to a brand, leaving valuable images stuck on a hard drive instead of earning income.

So now you may be starting to see how problems can arise.

Joint copyright with a ghostwriter: dream or deadlock?

If a client and ghostwriter decide to be joint owners of the book’s copyright as tenants in common (for example 70% client, 30% ghostwriter), there are some clear upsides.

For one, the ghostwriter feels genuinely invested and recognised, both of them may be more motivated to promote the book. The money from the book can be shared in a way that reflects their different contributions.

Similar benefits can appear for co‑founders of a startup who share ownership of their app, or co‑creators of a podcast who see themselves as equal partners in the show.

But joint ownership can also create real headaches.

Think of a scenario where a publisher insists that both owners sign the publishing contract, or clearly authorise one person to sign on behalf of both.

Either joint owner can slow or block new deals by refusing consent or dragging their feet, and big assignments or exclusive licences (for example, to a major publisher or platform) often can’t go ahead without everyone’s sign‑off.

The same sorts of issues can arise for co‑authors of a podcast series who both need to approve sponsorship arrangements, or for a designer and marketer who co‑own a brand but later disagree about whether it can be sold, licensed or franchised.

Because these situations can become complicated very quickly, especially once money or third‑party deals are involved, it’s important not to assume that “we’ll just share it” will be enough.

So what can we conclude from the above, you ask?

Well, “joint copyright” is not quite like a cosy hug.

Rather, it has legal status with teeth.

Once money, publishers, platforms or producers enter the scene, vague promises and DIY agreements tend to show their cracks very fast.

By then, people often realise the law has already filled in the blanks for them – and it doesn’t always feel fair.

If you’re thinking about sharing copyright in a book, app, podcast or any other creative work, this is not the time to wing it.

Getting advice from an IP lawyer can turn your “we’ll own it together” chat into a clear, written deal, instead of a surprise twist that quietly derails your project. We can assist you.

FAQs – Joint copyright and ghost-writing in Australia

1. Is joint copyright ownership always a bad idea?
Not necessarily. Joint ownership can work if both parties trust each other, have similar goals, and – importantly – have a detailed written agreement that deals with exploitation, licensing and assignment, not just ownership percentages.​

2. Can one joint owner in Australia publish or license the work alone?
Generally, one joint owner of copyright cannot exploit, assign or grant an exclusive licence of the work without the consent of the other owner but there are exceptions.

3. What does tenants in common mean?
In practice, Australian co‑authors are treated as owning copyright as tenants in common, which means each has a separate share that can be different in size, but use of the work still usually requires the others’ consent unless an agreement says otherwise.​ There are exceptions.

4. Can co‑owners agree to different profit splits than 50/50?
Yes. Co‑owners can agree that one person gets a higher or lower percentage of profits or royalties, often reflecting who took more risk or did more work.

5. How does this relate to film, TV or podcast adaptations?
Copyright in a book and rights to adapt a life story into film, TV or audio can be separated.

How Sharon Givoni Consulting can help

• Draft ghost-writing agreements
• Review collaboration contracts
• Prepare copyright licences
• Clarify ownership
• Review collaboration contracts
• Prepare copyright licences
• Clarify payment terms
• Clarify creative control
• Structure joint copyright
• Set up profit‑sharing terms
• Advise on licences vs assignment
• Protect brand and reputation
• Untangle co‑ownership problems
• Renegotiate existing deals
• Assist with dispute resolution

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.