Common use of Moral Right Clause in Contracts

Moral Right. The exercising of moral rights is reserved for the author. The author can at any moment oppose any infringement on his authorship right or his right to have the work’s integrity respected. The publisher undertakes to exploit the work and respect the author’s moral rights. The publisher notably ensures that the author’s name shall be mentioned in a conspicuous manner on each graphic or mechanical reproduction of the work. Any exploitation of the work by the publisher or by a representative of his that would be an infringement on the authorship, the integrity of the work or the author’s honour or reputation, can lead to the full termination of the present contract and the payment by the publisher of damages of a fixed amount of euros. However, prior to any request of this type, the author shall have to formulate precisely the infringement about which he is complaining in order to enable the publisher or his representative to find a solution to it. The publisher undertakes to inform the author of any possibility of contesting related to his moral right of which he has knowledge. The author can commission the publisher in writing in order to defend this right. In such a case, the publisher has to accept this request, unless proper reasons. The procedural costs are chargeable to the publisher and the amounts obtained (damages ….) shall be shared, after deduction of the costs, between the author and the publisher, each one receiving one half. The publisher shall undertake to keep the author informed of the state of the procedure and shall furnish him with a copy of any useful document. The publisher shall follow the author’s instructions and shall in no way handle without the author’s express authorization.