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Author Topic: Denial of authorship by the publisher  (Read 1425 times)

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Offline raj_singh

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Denial of authorship by the publisher
« on: October 18, 2013, 05:40:37 AM »
I wrote a text book recently for a publishing house. I was given a work order mentioning me as the developer of the content and the editor of the book. I wrote the complete book and edited the book on finalizing. All the chapters were sent by email and the communication was also held on email. The publisher also made the final payment according to the work order on time. But, now the publisher is denying to publish my name on the book saying that he wants to put the name of some teacher on that book.
My question to the forum is 'Can the publisher do so? wouldn't it be violating the copyright law? Can I file a legal case against the publisher on this? What is the feasibility of my case?'
I want an urgent advice on this case as I do not have any legal knowledge of the copyright law. But, I feel really cheated on this issue.
If anybody can help me on this issue please advise me.

Offline tapsash

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Re: Denial of authorship by the publisher
« Reply #1 on: October 18, 2013, 07:21:40 AM »
You have a Moral right over your work, even though the wok may be created for a publishing house which retains the copyright of the said work.

Your Moral Rights have been Violated here, You should send a legal notice to that effect, and yes you do have a case check this leading Judgment from delhi High Court:
Amar Nath Sehgal vs Union Of India And Anrhttp://www.legalservicesindia.com/forum/topic294-amar-nath-sehgal-vs-union-of-india-and-anr-moral-rights-of-an-artist.html
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Offline advdesai

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Re: Denial of authorship by the publisher
« Reply #2 on: October 18, 2013, 10:03:30 AM »
Asthe creator of the said work you have comp,lete right over its authorship, even though you may not have business rights or profits from it.

Plz note you send the legal Notice immediately.

you willnot only get your name credit but compensation as well for sure
Advocate Desai Knows the Law

Offline raj_singh

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Re: Denial of authorship by the publisher
« Reply #3 on: October 18, 2013, 10:49:53 PM »
Dear Sir,
What is the procedure for giving a legal notice? What would be the cost incurred in that?

Offline advjaya

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Re: Denial of authorship by the publisher
« Reply #4 on: October 19, 2013, 07:36:01 AM »
check the links below contact a lawyer from your city to send a legal notice on Your behalf
Madras High Court Advocate

Offline advsarmaroy

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Re: Denial of authorship by the publisher
« Reply #5 on: October 23, 2013, 05:46:53 PM »
Legal notice is served by a lawyer only. In your case there has been a denial of creators recogitation rights, which is a serious offence, u can institute both civil and criminal case, be ready for hefty compensation
Advocate Sarmaroy
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