The Bernoff Premium: Add these clauses to your ghostwriting and editing contracts

If you are an editor or ghostwriter, you need to protect yourself. AI-generated text from your clients creates both risks and extra work for you.

You are within your rights to refuse any such material altogether. However, if you do deal with it, you must protect yourself.

Below are some clauses I recommend including in your contract. (Disclaimer: I am not a lawyer and this is not qualified legal advice: consult your own lawyer before counting on these clauses. I am not responsible for what happens if you use these clauses in your contracts.)

Discuss these with your client, don’t just stick them in there; your client needs to know their responsibilities. In this list, “Consultant” refers to the writer or editor (you), “Client” to the person who hired them, and “Existing Text” to any material supplied by the Client, and “Client Text” to the work the Consultant creates.

• AI disclosure. Client is required to disclose any use of AI systems to generate any portions of Existing Text. Should Client falsely conceal use of AI systems to create Existing Text, Consultant may terminate this contract, retaining any fees already paid as well as compensation for any work completed but not yet billed and paid.
• Client-supplied text. Client is solely responsible for the content of the Existing Text including as the same may be incorporated into the Client Text by Consultant or relied upon by Consultant when providing editorial services.
• Copyright. Client acknowledges that any Existing Text generated by an AI system may not qualify for copyright protection, including any such text that may be incorporated into Client Text.
• Accuracy. Client acknowledges responsibility for factual inaccuracy or plagiarism in Existing Text, including any such text created by an AI system. Client will indemnify, defend, and hold harmless Consultant from and against all claims, suits, losses, liabilities, damages, and expenses (including without limitation, reasonable legal fees) brought by a third party and based upon, relating to or arising out of a claim that Client Text infringes any U.S. or foreign copyright, trade secret or other intellectual property right arising from Client’s use (consistent with releases and agreements with third parties) of the Client Text.
• Bernoff Premium. If Existing Text is more than 25% generated by an AI system, Client agrees to pay Consultant a 50% premium in addition to previously agreed upon compensation for any editing work on Existing Text.

Let’s be consistent and support each other

Please don’t do editorial work without a contract. The risks are now greater than they ever have been, to your reputation, your livelihood, and your compensation.

And please include clauses to protect yourself. The more editors and ghostwriters who do this, the more this will be perceived as normal practice in the industry.

The Bernoff Premium

Why am I recommending that you use my name in association with the additional fee for editing AI-generated text?

As I’ve mentioned in previous posts, AI-generated text requires a complete rewrite, is tedious to edit, and is at risk of including inaccuracy and plagiarism.

I am urging the editorial industry to standardize around the 50% premium. I take responsibility for proposing this and would like this practice to be associated with me. Use the name to tell your clients that this is a named, standard practice. In other words, blame it on me and link to this post.

I’d be happy to talk to any client who objects. Send them to me.