Page 382 - Law and the Media

Appendix C Specimen Agreements
Specimen agreement 5:
Moral Rights Waiver

(a) By Individual
From: [individual] of [address] (the ‘Author’)

To: [publisher] of [address] (the ‘Publisher’)
Dated:
Dear
Re: [title] (the ‘Work’)

1. The Author asserts the Author’s right to be identified in relation to the Work on the title page
and cover in the following form: [state form of identification required] and the Publisher
undertakes to comply with such request and to require all sub-publishers and other licensees
to honour this right. The Author acknowledges that no casual or inadvertent failure by the
Publisher or by any third party to comply with this provision shall constitute an infringe-
ment of this right and in the event of any infringement the Author agrees that the Author
shall not seek injunctive relief and the sole remedy of the Author shall be a claim for
damages.
2. The Author acknowledges that it is necessary for the purposes of publication for the
Publisher to have the right to make alterations of the text of the Work in order to make
corrections and conform the text to the Publisher’s house style and also for the purpose of
authorizing translations of the Work and for removing any material which might in the
opinion of the Publisher be actionable at law or which might damage the Publisher’s
reputation or business interests and also for the purpose of complying with the advice of the
Publisher’s legal advisers and for other general copy-editing purposes and the Author
consents to the exercise by the Publisher of such rights and agrees that the product of such
exercise shall not be capable of being considered a distortion mutilation or derogatory
treatment of the Work.
OR
The Author irrevocably and unconditionally waives all rights to which the Author may be
entitled pursuant to Sections [77], 80 and 85 of the Copyright, Designs and Patents Act 1988
and any other moral rights provided for under the laws now or in future in force in any part
of the world in relation to the exploitation by the Publisher its successors assigns and
licensees of the Work.
Yours faithfully

Signed by [Author]
We confirm and agree the above and agree to be bound by it.
SIGNED by [name] )
For and on behalf of )
[name of Publisher] )
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