An indexer is entitled to assert moral and/or economic rights in accordance with copyright legislation. Most indexers have cordial relations with their publishers, but in this era of formalization both indexers and publishers should be aware of their respective rights.
The following clauses embody indexers’ rights under current English law, and are suitable for incorporation into the contract between indexer (‘supplier’) and client (‘publisher’). They cover copyright and moral rights and restrict the use of the index (‘Product’) to that specified by the owner.
1. Ownership/licence to use
1.1 The publisher acknowledges that any copyright or other rights subsisting in the products of any of the services hereunder (‘Products’) shall belong to the supplier absolutely.
1.2 The supplier hereby grants to the publisher a royalty-free licence to use the Products for the full copyright period subject to such a licence being limited to:
1.2.1 the purposes set out in the publisher’s order;
1.2.2 the media specified in the publisher’s order;
1.2.3 the territory specified in the publisher’s order.
1.3 For the avoidance of doubt the publisher has no right to alter the Products without the prior written consent of the supplier.
2. Right to be identified
The publisher hereby agrees that the supplier shall have the right to be identified with the Products and undertakes to identify the supplier with the Products when exercising its rights pursuant to clause 1.2.
Indexers are also encouraged to read the leaflet, 'Copyright for indexers', by John Gibson available to members only here. The Society’s sample indexing contract [ 19 Kb ] is also available on this website.