From: xxxx xxxx Subject: RE: optimization textbook Date: January 31, 2019 at 1:55:56 PM GMT+1 To: "Fukuda Komei" Dear Komei, Apologies with the delay with your book. I have finally received some comments from our rights department, explaining the clause 6.4 in the contract, which is the sticking point with them. Recall that this clause states: “If Publisher grants licenses to use the Work or derivative works thereof or parts of either in products published by other publishers (e.g. a license to translate the work and to distribute the translation, or a license to distribute parts of the Work in a third party book), Author’s sole payment for the respective license and any related use will be a share of Publisher’s Net Proceeds according to industry standards of 50%.” This clause seems to imply that by signing the contract you are allowing us to offer a license to third parties to re-use parts of your book. Here is the explanation I have received from my colleagues: -- “If Publisher grants licenses to use the Work or derivative works thereof”, suggests derivative works must have been created before any license can apply to them. It doesn’t suggest the publisher will create any derivative works without the author’ s involvement. Derivative works could be later editions, abridged editions, student editions, translations, maybe other things too, like Braille versions. This just aims to ensure that all editions and versions of the same content are treated equally in license contracts and we don’t have arguments over whether a translated edition uses the latest edition or another, or both, and whether the author can make independent claims because a 3rd party used a version covered by a contract that appears slightly different. If the author wants to have a say in what licenses are concluded for reuse of his content or parts of it, then that is covered by the author’s moral rights (by Swiss law-- see https://www.ssa.ch/en/content/copyright and for an informal summary, see https://en.wikipedia.org/wiki/Moral_rights). -- So basically they are saying that you will always benefit from unalienable 'moral rights' to your work. According the Swiss website https://www.ssa.ch/en/content/copyright : "In Switzerland, moral rights are made up of three elements: - The paternity right related to the recognition of the intellectual authorship of the work, i.e. to be named (or not to be named) as the author; - The right to decide on the first publication of the work; - The right relating to the protection of the integrity of the work, i.e. the right of the author to refuse any modification of the work which would infringe his personality." So you have the right to refuse any modification of the book and clause 6.4 cannot take it away. Does this address your concerns about the clause 6.4? Please let me know your thoughts. With my best regards, xxxx