• Moral rights of contributors of a book such editors, designers, illustrators

I am an author of a book. I have got one of my friends to edit the manuscript, another to design the book and another to draw an illustration. I have paid them for their work to their full satisfaction.
I intend to credit them for their work as editor, designer and illustrator in the book as it will help them to get more such work. However, one of my acquaintances said that they will get moral rights on my book if I give them credit in the book and they would have the right to be consulted if I want to alter my book in any manner. Is it true?
What kind of rights do editor, design and illustrator have over a published book, if they are given proper credit in the book? 
Thanks
Asked 2 years ago in Intellectual Property

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7 Answers

All copyrights in work are conferred on first creator of  work and remain  his exclusive rights. Publisher, printer, proof reader or editor cam claim no rights in the work. Their rights are limited to claim remuneration for the labor. After the assignment of copyright to publisher, if no duration is mentioned in the agreement, the copyright reverts to the author after five years, please keep this in mind. Credits given by author to those helping in publishing will not confer any moral of pecuniary on them. Every author gives such credits to deserving out of gratitude.   

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

The editorial process does not give the editor an ownership stake in the copyright or the right to sue for infringement. A joint copyright must be intended from the beginning. This is still your work.

An independent author is the publisher of their book. Through the self-publishing channel, the author retains all print and digital rights to their manuscript.

If you fear that they may restrict you in future for all such acts that you intend to do with this book especially selling rights or amendments etc,., you may better enter into an agreement with them to that effect that since they have been fully paid with the remuneration for their work, they do not have any rights either moral or intellectual property rights over the work.

You can get the agreement duly witnessed and notarised so that they may be restricted from claiming rights over the book in future.

Usually, the author of the creative work is the owner of the copyright. But in the publishing industry, the owner of the copyright may be the publishing company due to an agreement between the author and the publisher.

 

T Kalaiselvan
Advocate, Vellore
87142 Answers
2339 Consultations

 

1) Moral rights are the soul of the author’s works. "The author has a right to preserve, protect and nurture his creations through his moral rights. A creative individual is uniquely invested with the power and mystique of original genius, creating a privileged relationship between a creative author and his work."

 

2) 
Under the amended Section 57, of copyright act a legal claim by an author against unauthorized modifications to his work had to establish that the treatment of the work has been prejudicial to his honour or reputation.

 

3) The revised Section 57 corresponded to Article 6bis of the Berne Convention and also provided that failure to display a work, or to display it in accordance with the wishes of the author, would not qualify as a violation of the author’s moral rights.

Ajay Sethi
Advocate, Mumbai
96941 Answers
7822 Consultations

They only have rights as per the contract and if they waive their rights against royalties then the same are expunged

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

- As per the Copyright Law, the author can reproduce or alter his work or authorize others to do so , and no person other than the author can reproduce his work without his prior permission.

- Further, only the author of the book has the right to public performance unless otherwise said or authorized by him, and anyone other than the author doing so without his prior consent must be heavily penalized. 

- Hence, except you , none having any interfere or moral right , if you mentioned their credit in the said book , and further even you can mention this condition in the book as well. 

- Further , you can also enter into an agreement with them after mentioning these clauses , that they will have not right to claim of any type from the author . 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

Mere expression of gratitude in the book shall not entitle others to claim any copyright. 

Swaminathan Neelakantan
Advocate, Coimbatore
2914 Answers
20 Consultations

Dear Clients,

                  Book publishers are creators, acquirers, custodians, and managers owners and users of intellectual property rights. They possess certain rights in the books they produce and sell, and they hold other rights on behalf of third parties.They are thus obliged to treat the rights of others with respect.This is a moral obligation, which is equivalent to their legal responsibilities.There is also a responsibility to society, for intellectual property rights are central to the promotion of cultural advancement and the flow of knowledge and information. Copyright law also provides moral rights, including:

  • the right of paternity (the right to claim authorship of the work); and
  • the right of integrity (the right to object to any distortion, mutilation or other
    modification of, or other derogatory action in relation to, the said work, which
    would be prejudicial to the author’s honor or reputation)

Moral rights are accorded only to human authors and cannot be ‘owned’ by a company. For this reason, a publishing house cannot claim moral rights. Infringing moral rights by failing to identify the creator, or by altering or modifying his work could harm that reputation. Authors and publishers have equal moral responsibility for what is published.

Thanks & Regards

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

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