Joseph (STAFF) 07 September 2011

Ebook publishing copyright

I have a question about the copyright law with regard to e- publishing.

Lets say, before the e-book era (pre 1990), a publisher obtained license to publish an author's book. The agreement was mute regarding electronic publishing.

Later on, the publisher wants to also publish the same work in electronic format (ebook). Does the publisher has the automatic right to publish the ebook without the authors explicit consent? Or in other words, can the author license to a different publisher to publish the same work in electronic format?

Any legal opinion on this subject will be greatly appreciated.If possible please refer me to a prior case law involving similar situation..

thanks

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6 Replies

(Guest)

Dear Joseph,

Since the copyright did not pass on to the publisher and only a license to publish the book was given, the publisher may not publish the book as an ebook since a license, by its nature, is restrictive and only limited rights are passed on. In this situation, unless the license agreement may be clearly interpreted to include publishing of book in electronic format as well it is advisable to executed another license agreement specifically deriving the rights to publish the ebook.

Regards,

Abhinav Bhalla

Advocate I Registered Patent Agent

+91 9910406711

abhinav.bhalla@gmail.com

1 Like

Nagaraja B S (Corporate Commercial & IP Lawyer) 08 September 2011

Dear Mr. Joseph,

First of all understand the different between Assignment & License.

License is an agreement provided by the author for a certain period of time with a good consideration.

Assignments is an agreement by the author to transfer the ownership of his / her work.

In a license agreement, even though e-publishing or ebook related contents are mute or silent. Definitely, publisher is on wrong foot to publish ebooks.

Feel free to contact me, if you need further details.

Thanks

Nagaraj

Corporate, Commercial & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34

1 Like

Joseph (STAFF) 09 September 2011

Thank you very much Abhinav and Nagaraja for taking the time to clarify my doutbt.

Unfortunatly, I am not purview to the original publishing contract signed 25+ years ago.

Based on your clarification, I feel it is unlikely that the original publishing contract would have covered e-books, unless as Nagaraja mentioned it was an assignment contract which is also unlikely...

Atul D Suryavanshi (Attorney - JC Law Firm) 23 September 2011

Mr. Joseph,

Answer of your quation is depends on the type of agreement you had, whether is it agreement of Assignment or License agreement.

You can publish it electronic, if the Agreement has broder meaning and authority for publishin. such as "right to publish in any manner / formate"

The answer will change as per the terms of the Original Agreemnt.

Regards,

Atul Suryavanshi

Attorney - IPR

JC Law Firm

Email: atul@justacausa.in

Mobile - 09923552956

Legal Maximus ( IP & Back office legal support and documents) 25 September 2011

But in the year the the publisher obtained or the License was executed, there is very less chances that the instrument would contain the term to clarify the electronic medium which was not very common. Please see the instrument executed.

However you have any further clarification can send your queries to admin@legalmaximus.com.

(Guest)

Originally posted by :Joseph

I have a question about the copyright law with regard to e- publishing.

Lets say, before the e-book era (pre 1990), a publisher obtained license to publish an author's book. The agreement was mute regarding electronic publishing.

Later on, the publisher wants to also publish the same work in electronic format (ebook). Does the publisher has the automatic right to publish the ebook without the authors explicit consent? Or in other words, can the author license to a different publisher to publish the same work in electronic format?

YES. PUBLISHER HAS FULL RIGHTS TO PUBLISH IN EBOOK FORMAT AND AGREEMENTS RUN FROM PROSPECTIVE/RETOSPECTIVE EFFECTS AND THIRD PARTY PUBLICATIONS SOLUTIONS PROVIDED YOUR NAME IS THERE. WHAT's YOUR PROBLEM YOU'LL GET ROYALTY. SEND THE AGREEMENT TO ME. I have many publications ranging from Linguistics,Aarcheology to Human Behavior. Don't run to court at the drop of a hat to your own detriment. If the publisher is an Indian guy then he's bound to be a cheat.