On Predicaments of the Indian Author

 

(a)     Publishers’ Tricks of the Trade

(b)     Agreement and Copyright

(c)     Editor’s Devil

(d)     Academic Vandalism

 

Links of Chapter 4

4/1.
OUP’s Draft Memorandum of Agreement

4/2.
R.Nath’s Regd letter d. 8 May 2006 to OUP

4/3.
Proforma of Standard Agreement

4/4.
Agreement d. 2 August 2008 signed between R.Nath  and  M/s Shubhi Publications Gurgaon for publication of the book; Mysteries and Marvels of Mughal Architecture (MMMA)

4/5.
47 Pages of R.Nath’s book MMMA with blatant errors published by Sanjay Arya/Shubhi

4/6.
R.Nath’s Regd letter d. 28 May 2010 to Sanjay Arya/Shubhi

4/7.
R.Nath’s Regd letter d. 8 October 2010 to Sanjay Arya/Shubhi

4/8.
R.Nath’s email d. 10 Dec 2010 to Shubhi/Arya

4/9.
Sanjay Arya/Shubhi reply to R.Nath’s email by email d. 14 Dec 2010

4/10.
R.Nath’s advocate’s legal notice d. 20 February 2012 to Sanjay Arya/Shubhi

4/11.
R.Nath’s notice d. 30 August 2013 to Sanjay Arya/Shubhi

4/12.
List of Correspondence between R.Nath and Sanjay Arya/Shubhi (2008-2013)

4/13.
Publicity of R.Nath’s book MMMA on Sanjay Arya/Shubhi’s website: shubhiindia.com (2 pages) d. 27.2.2010

4/14.
DK Publishers Distributors’ bill d. 27.6.12 for copies of MMMA

4/15.
Amazon publicity d. 7.8.2012 of the book MMMA

4/16.
Amazon proforma bill d. 3.9.14 for a copy of the book MMMA

4/17.
Maze of Sanjay Arya/Shubhi’s references on the Internet instead of their website which has vanished

 

 

4
On Predicaments of the Indian Author
(based on R.Nath’s experiences)

 

(a)      Publishers’ Tricks of the Trade

           Our publishers are generally fair and honest, though there are exceptions. What some of them do in this discipline, is as disgusting as it is enlightening.

I.  They do not print the price on the book. Instead, two catalogues/price-lists are prepared, one in Indian rupee and the other in US Dollar($) and Pound Sterling(£). Some times two jackets with corresponding prices are also printed. They pay royalties on Indian sales and Indian rupee only, without disclosing the sales in $ and £.

II.      They sign Agreement/Contract for a print-order of 400, 500, 600 or 750 copies of the book, but print 1000, 1100, 1500 or 2000 copies and thus deprive the author of his legitimate share in earnings. That they possess additional stocks to sell is disclosed when they sign deals with Google for promotion of the book even after the Agreement had lapsed or terminated. God knows if they also reprint the book without informing the author !

III.     It is a very simple practice to show escalated number of free review and complimentary copies, even to the extent of 60-75 in the first year, while actually only 10-15 copies are presented.

IV.      After one or two years, they show extremely poor annual sale of the book, sometime only ONE copy in a whole year, compelling the author to settle and accept copies of the book, of course at a discount, in lieu of royalties accruable on the remaining stock.

V.      Otherwise, they pay a paltry sum in lump-sum deals, which is, some times, not enough even to compensate the costs incurred on outdoor work, photography and drawings, which are essential in such a discipline as this.

This is what the poor, helpless Indian author gets in return for his intellectual work in such a difficult discipline as Historical Architecture; this is how he lives in perpetual penury; and this is why competent scholars are not encouraged to take up and write on this subject, with the result that there is a dearth of good authors and, by and large, publishers are subsisting on reprints or glamorous coffee-table books. American and European authors are gradually taking over charge of Indian Intellectualism.

(b)     Agreement and Copyright

I.      It is interesting and useful to know what sort of Agreement some foreign publishers, operating in India, are signing with Indian authors; what terms and conditions are they offering; and how are they eroding their Intellectual Property Rights.

Oxford University Press (OUP) is a reputed International publisher of high class scholarly books of literature, history and other subjects, in English language. It is an institutional publisher, claiming to be a department of the world-renowned University of Oxford, as inscribed on its letter-head:

“Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research scholarship, and education by publishing worldwide.”

     It also operates in India, qualitatively and meritoriously, and enjoys trust, respect and admiration of Indian intelligentsia. A very senior author on ce observed: “Publication of a book by OUP is like marriage with a Duchess !”

     Only a few ‘blue blood’ aristocrat-authors can afford such a marriage! Poor Indian author, in general and at large, shudders by the idea alone !! When asked to comment, R.Nath said: “I am 77, and living, happily and contentedly, with my wife Savitri for 55 years ! There is absolutely no need, desire, space or means to think of a second wife, Duchess or otherwise.” But OUP’s is a big name in the field, and authors aspire to climb the ladder !

      How disappointing has been R.Nath’s experience with OUP is very well demonstrated by the following two documents:

(1).     OUP’s Draft Memorandum of Agreement (copy attached, (see 4/1) and

(2).     R.Nath’s  Regd.  Letter  d. 8 May 2006  (copy attached, (see 4/2).

It is pathetic to know what these publishers are doing to Indian authors and, more devastatingly, to Indian AUTHORSHIP.

      OUP’s agreement (Para-2) calls upon the author to assign the ENTIRE COPYRIGHT (including translation and all other world rights) of the work (not only a licence to publish it) to the publisher (OUP), in lieu of what ? Its Para-7 (a) reads:

“On publication of the work, the publisher shall pay Rs.__ to the Author.”

THAT IS ALL. It is not a provision for payment of annual royalties, but a paltry lump sum amount, calculated on the number of words in the manuscript, to be paid after publication of the  work, ONLY ONCE. Then, it is incumbent upon the author to revise and edit the work from time to time, at the bidding of the Publisher, not when he thinks it is needed, and he has to do it even when he thinks it is not needed ? Why this decision rests with the publisher ? If the author is dead, or is not available to do this, any way, “a new edition or editions revised by another party or other parties” may be published, “in the joint names of the Author and of the party or parties making the revision.”

This means that the one who edits/revises the author’s work shall also become an author, i.e. a co-author, and, consequently, he will also be a co-owner of its copyright. This is like Indian COTTON becoming Manchester-Birmingham CLOTH under the British East India Company. This provision tears asunder the Copyright Act, 1957, Section-22 which protects the author’s exclusive copyright for 60 years even after his death.

And so on and so forth, as R.Nath’s letter d.8 May 2006, cited above, reads.

II.      Under Google Partner Programme, Google displayed books of authors without their permission; and under Google Library Project, Google copied books from Libraries without permission of the copyright-owners. As his books are also involved, R.Nath corresponded with Google executives, counsels and attorneys, from 16 March 2009 to 19 November 2009. This correspondence is on record and shows that Google are guilty of violating the author’s copyright. Are Intellectual Property Rights of Indian authors equally protected in the U.S.A. in particular, and the world in general, is the basic question.

      A recent judgment by U.S District Court (Southern District of New York) in a suit between the Authors Guild at al (Plaintiffs) and Google Inc (Defendant), dated 22 March 2011, does not cover the copyright violation of the Indian authors, obviously because India was not represented in this suit, nor is it normally possible for poor Indian authors to sue Google in an American Court. It is a pity that Indian Govt is quietly watching this drama, as if it is not concerned at all, in spite of universal coverage of Indian Intellectual Property Rights under International Copyright order, vide the Copyright Act 1957 (2012 ed) pages 82 to 85 and paras 1 to 7 (including Schedule Part-I). Indian Govt is also not concerned the least when Google are filming satellite images of our protected National monuments in violation of Section-42 of the Ancient Monuments and Archaeological Sites and Remains Act 1958!!

III.      A Proforma of Standard Agreement which adequately protects rights and interests of the author, without at all infringing the rights and interests of the publisher is given herewith, (see 4/3). It is based on R.Nath’s realistic experiences of almost half-a-century. Author’s copyright is sacrosanct, like National Heritage, and the Govt of India, in collaboration with the Registrar of Copyrights, the Authors Guild of India, the Federation of Indian Publishers and any other concerned body, may consider to incorporate this Proforma of Standard Agreement in the present Copyright Act (1957) asSchedule, in its present or any other better form, retaining its basic structure, in place of the existing ‘Model Specimens’ which are never used and are obsolete.

To be effective, it is also absolutely necessary that a new sub-section (4) should be added to its Section-18 as follows:

S-18. (4).

“The author/authors and publisher/publishers of a book will sign an agreement/contract between them, a proforma whereof is given herewith under Schedule__. No other agreement or contract of any type, shall be valid and legally binding. In case of any other Agreement/Contract between the parties, or in the absence any agreement, the terms and conditions of this Proforma Agreementshall be applicable and legally binding.”

God cannot grant immortality to a human being, historian can !

 

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History repeats for those who do not learn from it !


 (d) Academic Vandalism

  1. ‘Academic Vandalism’  is    devastation   of    academic contents of a book by the publisher for the sake of a flimsy ‘DESIGN’, to justify its high denomination price and to make it  commercially viable. Here is a classic example, as illustrative as it is interesting, related to publication trade, in this discipline.
  1. M/s Shubhi Publications
    240, 2nd Floor, City Center,
    M.G.Road,
    GURGAON- 122002 (Haryana, India)
    (Phones 0124/4088499/4375200, Mob. 09811065461)
    (email:shubhipublications@yahoo.com
    publisher@shubhiindia.com)
    (Website: www.shubhiindia.com)

is owned by Shri Sanjay Arya and Anju Arya (abbreviated, Sanjay Arya/Shubhi, hereinafter). They claim that they are International Art History publishers.

  1. Sanjay Arya/Shubhi signed an  Agreement  with  R.Nath
  2. 2 August 2008, (see 4/4) for publication of his work: ‘Mysteries and Marvels of Mughal Architecture’ (MMMA). It has 84 drawings of plans, sections, elevations and sketches, 5 Persian texts and 158 photographs (including 56 digital images), which were all prepared by R.Nath at his own cost.
  3. While,all  along  through  2008 and   2009,  R.Nath  was requesting Sanjay Arya/Shubhi  to send proofs of the book, they altogether ignored his requests, and released the book in the market without the author’s checking and correcting the proofs and, in fact, without informing him at all. R.Nath came to know about release of the book from the internet.
  4. When he received the book, R.Nath was  shocked to find that there were wholesale errors, modifications, mutilations and distortions in the book. It has a total of 243 pages: photos are printed on its 75 pages and, out of 168 remaining pages (prelims, text etc), errors, modifications, mutilations and distortions are there on 124 pages, a list whereof is given here below:

R.Nath’s Book: Mysteries and Marvels of Mughal Architecture published by Sanjay Arya/Shubhi Publications (Gurgaon, India 2009)

List of 124 Pages which have Errors, Mutilations and Distortions:

Contents pages: 4, 5, 6,
List of Illustrations: 7, 8, 9, 10, 11, 12, 13,
Preface: 14, 15, 16,
Chapter-1: 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 33, 35, 39, 40,
Chapter-2: 41, 44, 45, 46, 47, 49, 50, 51, 52,
Chapter-3: 56, 57, 59, 60, 62, 63,
Chapter-4: 68, 69, 71, 72, 73, 78, 81, 82, 83, 84,
Chapter-5: 88, 89, 90, 91, 94, 96,
Chapter-6: 101, 102, 103, 105, 106, 107, 108,
Chapter-7: 112, 113, 114, 117, 118, 119, 120,
Chapter-8: 125, 126, 127, 129, 130, 132,
Chapter-9: 136, 137, 142,
Chapter-10: 147, 148, 149, 150,
Chapter-11: 151, 154, 155, 156, 157, 158,
Chapter-12: 167, 171, 172,
Chapter-13: 177, 178, 179,
Chapter-14: 186, 187,
Chapter-15: 194, 195, 196, 197, 198,
Chapter-16: 202, 203, 204, 205, 206, 207, 208, 209,210, 211, 212,
Chapter-17: 217, 221, 222, 223, 224, 225, 227,
Chapter-18: 233, 234, 235, 238,
   
Appendix –A}  
Appendix -B} 241, 243,
Bib.Abb.     }  

 

  1. Errors on such a large scale, practically in the whole book, show that absolutely NO PROOF-READING was done and such was the haste to throw the book in the market that even speller was not used which could have at least corrected the spelling mistakes. Lure of the fast buck killed the academic concern !
  1. Besides the spelling mistakes, there are other awful errors, mutilations and distortions, e.g.
    I.     letters, words and phrases have been dropped (omitted);
    II.   wrongful interpolations and insertions have been made;
    III.  footnotes/references have been wrongly inserted in the text;
    IV.  relevant photographs needed to illustrate the text have been dropped          (omitted), while irrelevant photos have been given in the book, with        wrong captions; and
    V.    a Persian inscription has been printed upside-down.
  2. In order to illustrate some blatant errors of the book, its 47 pages are reproduced herewith (see 4/5)
  3. A few examples of some other mutilations, modifications and   distortions   are   cited   here below:

R.Nath’s Book: Mysteries and Marvels of Mughal Architecture published by Sanjay Arya/Shubhi publications (Gurgaon India 2009):

List of 60 Mutilations, Distortions and Modifications on 44 pages of the Book:

Page No. of the Book

 

Original in R.Nath’s Ms.

 

in Published book

16. corrective Cossective
25. went began
25. 1445-51 A.D. 144-51
27. inlaid Inland
39. Saraswati Saraswatai
40. 472/1080 472/180
49. pilasters plasters
57. niches inches
62. five faced icon five icon
63. in Persian respectively in perspective
63. put the blame on his head alone! put the blame him entirely
71. Mandu Manduk
73. crossing crossion
81. Akbar’s ‘Ibādat Khānah by Akbar’s ‘Ibādat Khānah of Akbar by
81. sculptures structures
82. writ written
90. by nature or by social life by nature social life
90. silent of speech silence of speech
96. Fire Temple Faire Temple
96. perpetrated in the name of protection and conservation in spite of a plethora of complaints in the name of complaints
96. raises rises
96. senile government department to ensure senile government to ensure
96. fief field
101. liwan diwan
103. fully well that Akbar’s mosque was fully well that Akbar’s was
107. He built no mosque at Agra He built one mosque at Agra
108. Vol.IV Part-1 Vol.VI Part-1
114. From 1545 to c.1553 From 1545 to c.1553 to c.1553
117. chhajja

chhatra

 

117. diminishing, drums. Thesedrums help to diminishing, forumshelp to
118. alcove clove
118. structures sculptures
127. by settlements of tough Jat peasantry, and was safer than Bharatpur, the formal capital by settlements Capital
127. lied lay
129. Two lines Persian inscription is printed upside down  
132. Fall, ibid, op.cit.261 Ibid, 261
149 description descriptionssss
151.} (c.1632-38 A.D. (C.162-38 A.D.)
155.}
156. jhajjhari jhahhgari
171. and or
178. his reference shows that his reference was that
179. Unshapen ruins of it Mishappen ruins
186. in excavating canals in excavated canals
187. versatile architectural style versatile architecture style
194. wyndow (window) window (window)
197. faced faces
203. (Lal Qal’ā) (Lal Cal’ā)
205. MAḤAL MAṚAL
205. Akbarābādī Akbarāvādī
205. FATEḤPURI MAḤAL BEGUM FATEḤPURI MAṚAL BEGUM
205. and or
208. Fig. 16/2 Fig. 2
210. jalied jailed
210. Arches were cusped Arches where cusped
227. tranquility tranquiluity
233. around which dālāns(verandahs) and rooms have been symmetrically built around which dalāns(verandahs) and have been symmetrically built
234. rooms and kothas rooms kothas
234. stores stories
243. Vols. I-LIII Vols. I-III

 

  1. Some photographs, inserted in the book irrelevantly and arbitrarily, just for ‘design’, without approval of, or in consultation with the author, have been given patently wrong captions, e.g. upper portion of a pillar with capital and brackets of the westerndalan of the Muthamman Burj of Agra Fort is wrongly captioned: ‘Mural Painting of Fatehpur Sikri’; the Baiṭhak (Khāṣ-Maḥal, Rangīn-Mahal or Sonehrā-Makān) of Fatehpur Sikri is wrongly captioned:‘Ibadat-Khana’; the tomb of I’timad-ud-Daulah is wrongly captioned: ‘A View of Itmadpur Agra’; The Jami‘ Masjid of Delhi is ignorantly captioned ‘A Mughal Mosque of Delhi’, and so on and so forth. R.Nath who has authored 50 works on Mughal Architecture and who is considered to be an authority on this subject could not identify Muthamman Burj pillar?’ or The Rangīn-Maḥal of Fatehpur Sikri ? or the Jami‘Masjid of Delhi ? and he could not distinguish between Itmadpur and the Tomb of I’tmad-ud-Daulah ? scholars and students of this subject would question, and R.Nath’s reputation as an authority on this subject has been tarnished, adversely affecting his half-a-century’s work!
  1. ThePersian  inscription  on  page  129 has  been  printed upside down ! It is disgraceful that an Indian publisher who takes up to publish a book on Mughal Architecture does not know how to publish a Persian inscription !! Had Sanjay Arya/Shubhi sent the proofs to the author, such an outrageous distortion could have been avoided.
  1. It is reiterated that SanjayArya/Shubhi  did not send any proofs to R.Nath inspite of his requesting continuously to send proofs for the author’s final checking and corrections. By his Regd. Letter d. 27 May 2009, R.Nath specifically requested:

“In any case, I request you please to send the final proofs of the complete book (including prelims) for the author’s final checking, lest there is any error or omission. Do please confirm.”

But Sanjay Arya/Shubhi ignored all his entreaties and did not reply at all and did not send any proofs. In view of the large scale mutilations and distortions committed by Sanjay Arya/Shubhi in this book, it was almost criminal neglect on their part.

  1. Sanjay Arya/Shubhi did not send any proofs in spite of the rovision of correction of final page proofs by the author in Para-8 of the Agreement d. 2 August 2008 (4/4 cited above). This is violation of the Agreement too. Nor any index, so necessary in such a work as this, has been given in the book.
  1. As such,  Sanjay   Arya/Shubhi   are  fully  and   entirely responsible for all these errors, omissions, modifications, mutilations and distortions which are violations also of the author’s Special right as enshrined in the Copyright Act 1957 Section-57 (1) (b) which reads as follows:

57 (1) (b): “The author of a work shall have the right to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation.”

  1. This infringement  of the author’s  Special right is also a criminal offence u/s-63 of the Copyright Act 1957 which reads as follows:

63. Offence of infringement of Copyright or other rights conferred by this Act:

“Any person who knowingly infringes or abets the infringement of :-

a.   the Copyright in a work, or

b.   any other right conferred by this Act (except the right conferred by section 53 A)

shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.”

  1. Notice d. 20 February 2012 has already been served upon Sanjay Arya/Shubhi by R.Nath’s advocate.
  2. SanjayArya/Shubhi,  initially,  pleaded,  by  their  letter 12.5.2010, that these were errors of the manuscript (which Sanjay Arya/Shubhi just photo-printed, in the book, suggesting that they are only photo-copier or printer and not publisher ?). This false and absurd plea was duly replied by R.Nath by his detailed Regd.letters d. 28 May 2010 and 8 October 2010 (reproduced here under 4/6 and 4/7).
  3. A corrected and scanned copy of the whole book (MMMA) was also sent to Sanjay Arya/Shubhi by Regd. Parcel on 8 October 2010.
  4. Receipt of R.Nath’s letter d. 8 October 2010 and corrected copy of the book (MMMA) sent on 8 October 2010 was acknowledged by Sanjay Arya/Shubhi by their letter misleadingly dated on 23.5.2010. It was received by R.Nath on 25 October 2010 and it read as follows:

“We received your letter memo and corrected manuscript, we have forward (sic) to our designer the same (sic) after completion of work we will send to you for approval. Sorry for the inconvenience.”

  1. Thus,Sanjay  Arya/Shubhi  admitted  that  these  errors, mutilations and distortions ARE THERE in the book, and they offered to correct them and mend the book and publish a second revised, corrected and updated edition. This was confirmed by Sanjay Arya/Shubhi in reply to R.Nath’s email d. 10 December 2010 (see 4/8), by their email of 14 December 2010 (see 4/9).
  1. But all this was   just   a  ruse   to  buy  time  and Sanjay Arya/Shubhi did absolutely nothing to mend the book and repair the damage, inspite of R.Nath’s repeated reminders and, all along, throughout, Sanjay Arya/Shubhi went on selling the book in the Inland (Price Rs.2500) and International market ($ 125) under two ISBNs:

10: 8182901022

13: 9788182901025

  1. Sanjay Arya/Shubhi not only dishonoured the law, they also dishonoured their own Agreement equally contemptuously. Though Paras 5 and 10 of the Agreement d. 2 August  2008 (4/4 above) cast upon Sanjay Arya/Shubhi the legal obligation to submit annual account of sales and to pay annual royalties @ 7% of the printed price, on the copies sold (in Inland and International market) to the author, Sanjay Arya/Shubhi have not submitted any account and not paid any royalties for the last SEVEN years, so far, and since the publication of the book  in   Jan-Feb   2010,   i.e.  for   the   years 2009-10, 2010-11, 2011-12, 2012-2013, 2013-2014, 2014-2015 and 2015-16  in spite of R.Nath’s several reminders. This is Civil and Criminal default in total disregard, negation and violation of the Agreement which is the legal instrument by which licence was granted to Sanjay Arya/Shubhi to publish this book, without which they are liable to be charged of infringement of the Copyright and, in any case, it is violation of the author’s Special Right and Sanjay Arya/Shubhi are liable to be prosecuted u/s-63 of the Copyright Act 1957, cited above.
  1. R.Nath has sent two notices to Sanjay Arya/Shubhi:One his advocate’s notice d. 20 February 2012 (see 4/10) and the other his notice d. 30 August 2013 (see 4/11). These notices, sent by post, courier and email, have been delivered to Sanjay Arya/Shubhi, who have not denied or disputed their contents
  1. Besidesthese  two  notices,   the  whole  correspondence comprising letters and emails written to and received from Sanjay Arya/Shubhi, are on record and a list thereof is also given herewith (see 4/12). Anybody, interested, in any way, to have full knowledge of this matter, may please ask R.Nath for copies
  1. It is reiterated that Sanjay Arya/Shubhiare  continuously selling the book in the Inland and International market, at Rupee and Dollar price, right since the book was released in Jan-Feb 2010, as is illustrated by their website-publicity dated 27.2.2010 (see 4/13); D.K. Publishers’ Distributor’s bill d. 27.6.2012 (see 4/14); Amazon publicity d. 7.8.2012 (see 4/15); and Amazon proforma bill d. 3.9.2014 (see 4/16), through-out and uptodate, testifying, unequivocally, that the book IS AVAILABLE in the market, notwithstanding Sanjay Arya/Shubhi’s lies and bluffs that they have stopped its sale
  1. Amazingly,Sanjay  Arya/Shubhi’s               Website www.shubhiindia.com  has vanished from the Internet and a maze of 14 references has been created instead, as shown on annexure 4/17. It gives references to several websites, e.g.

www.justdial.com
www.publishersglobal.com
in.linkedin.com
www.tradeindia.com
www.indiamart.com
www.niir.org, etc etc

behind which Sanjay Arya/Shubhi have disappeared. Shubhi Publications now have a new address:

 

Lgf.5, Grand Mall,
M.G.Road, M.G.Road,
Gurgaon-122001

and Sanjay Arya gives his new address as:

15, Akd Towers,
Sector-14,
Book Publishers City
Gurgaon.

All this camouflage is obviously malafide. No publisher worth his salt does this !

  1. Sanjay Arya/Shubhi’s another fraud may also be brought to light, in the Public Interest. The Agreement d. 2 August 2008 (4/4 cited above), Para-3 laid down that the copyright of the book shall remain vested in the author. Accordingly :

Copyright: Author 

is inscribed on the printline/back of the title-page of the book. Para-13 of the above-cited agreement distinctly stipulates that all other rights are mutually negotiable and author did not transfer any right to the publisher under this or any other agreement. But Sanjay Arya/Shubhi declared on their website publicity of the book (cited above vide 4/13, page 2 of 2) that its Copyright is owned by them, e.g.

       Copyright 2008 (c) Shubhi Publications.

 This is altogether false and a shameless fraud and it is amazing that an Indian publisher has no sense of guilt or grace and he can stoop to any low for the sake of money-making. Obviously, Sanjay Arya/Shubhi claimed ownership of the copyright, falsely and fraudulently, to mislead the International market for negotiation of world rights of the book, and it is plain cheating to the author. It is piracy of the author’s Intellectual property. Sanjay Arya/Shubhi have, thus, dishonoured the Agreement, dishonoured the Law and dishonoured the Professional Ethics of the publication trade.

  1. It must be clarified,  in the Public Interest,  that  if any body has negotiated any right or rights of the book with Sanjay Arya/Shubhi, any such deal is illegal and null and void, and both parties shall be held responsible for costs and damages. All rights of the book are reserved by the author: R.Nath.
  1. R.Nath’sadvocates   are   preparing   a   comprehensive civil-and-criminal case for filing against Sanjay Arya/Shubhi in appropriate courts in Rajasthan u/s-62, for relief u/s-57,58,63 and others of the Copyright Act 1957, and other relevant laws.
  1. As it appears,Sanjay Arya/Shubhi  are  doing all this also with other books and with other authors, i.e.

I.       mutilation and distortion of text and illustrations, viz. academic
vandalism
to the book;

II.    non-payment of annual royalties to the author; and

III.     piracy of author’s Copyright and other rights.

  1. An equally  unfortunate  and  helpless  victim  of  Sanjay Arya/Shubhi’s cheating is the READER, as a class (viz. historians, scholars and students) who, reposing trust in the author’s name, purchases Sanjay Arya/Shubhi’s highly priced book and confronts such large scale errors, modifications, mutilations and distortions. The Reader, as a class, is morally and lawfully entitled to claim refund of his cost and damages from Sanjay Arya/Shubhi who are fully and entirely responsible for these defaults. It is in the Public Interest, and for the information of all concerned, specifically authors and readers of books published by Sanjay Arya/Shubhi that this matter is highlighted on R.Nath’s website. It has already been informed to Sanjay Arya/Shubhi several times, and specifically by R.Nath’s Regd letter d. 28 May 2010 (4/6 cited above), that if they did not settle it, the matter shall be posted on the Internet, in the Public Interest, but, inspite of R.Nath’s final warning by his notice Regd letter d. 30 August 2013 (4/11 cited above) Sanjay Arya/Shubhi did not care to reply at all, or to settle it, for more than six years.

***

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MEMORANDUM OF AGREEMENT

 

This MEMORANDUM OF AGREEMENT is made on the ______________day of the month of_____________(year) _____________ between  M/s ___________________ ________________________________________________________________________through its proprietor  Mr _______________________, hereinafter called the PUBLISHERS, on one part;

AND

Professor (Dr) R.Nath, M.A., Ph.D., D.Litt (Former Professor & Head of the Department of History & Indian Culture, University of Rajasthan Jaipur),  R/o ‘Tapasya’, 7, Gulab Bari Enclave (Behind Vijay Palace) Gulab Bari, Ajmer-305 007 (Rajasthan), email : profnath@gmail.com, Mob. 09413617454, hereinafter called the AUTHOR, on the other part.

Whereas the Publishers have agreed to publish the Author’s book entitled:__________________________________________________________________________________________________(hereinafter called the WORK), on the terms and conditions mutually agreed upon by the parties heretofore, as mentioned hereinafter.

NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HEREBY MUTUALLY AGREE AS FOLLOWS.

(1).  The AUTHOR, hereby, assigns to the PUBLISHERS the exclusive licence to publish the WORK  in lieu of the royalties, hereinafter mentioned, during the legal term of the agreement.

EITHER

The PUBLISHERS agree to pay to the author 10% royalties on the published price of the WORK, on all sold copies, annually, by the month of June, for each financial year, ending 31st March, along with the account, and an advance of Rs.____________(Rupees _________________________________) thereon by cheque No.___________ dtd._______________ to be deducted from the annual royalties; and _____ _____gratis copies of the book.

OR

The PUBLISHERS  agree to pay to the author lump sum royalties in advance, on this edition of 1000  copies only, amounting to Rs.______________________________ (Rupees___________________________________________ and _____ _____gratis copies of the book.  Accordingly, this amount is being paid to the author herewith by cheque No._________dtd._________.

(2).  This agreement is limited to the first edition of the WORK, of maximum 1000 copies. New agreement will be signed for any subsequent edition or reprint.

(3).  The copyright of the WORK shall remain vested in the AUTHOR. This shall be printed on the backside of the title-page of the book in proper form : © Author.

(4).  The following provision shall also be printed on this page :

“The author (R.Nath), hereby, asserts his moral right to be identified as

the author of  this work.”

(5).  The AUTHOR  has supplied to the PUBLISHERS the complete manuscript of the WORK  and the following illustrations :

Drawings/figures _____________      Digital images ______________(with  cd)

Black&White Photographs_______    Persian inscriptions/texts______(with  cd)

Colour-slides/tps­­­­­_______________

These illustrations shall be returned to the AUTHOR  after publication of the WORK.

(6).  The PUBLISHERS will defray the cost of printing and publishing the WORK and will have the sole control of the paper, size, format, type, jacket, production, printing,  binding, advertising, price, sale and terms of sale of the WORK.

(7).  The PUBLISHERS will send the final page proofs of the WORK to the AUTHOR for his final reading, corrections if any and approval, without which the WORK  will not be published. The AUTHOR will return them within a reasonable time.

(8).  No change shall be made in the manuscript and the illustrations of the WORK without the final approval of the AUTHOR.

(9).  The AUTHOR guarantees that it is his own and original work. He indemnifies the PUBLISHERS from and against all legal proceedings and expenses and losses whatsoever, in consequence of the publication in the WORK  of any pirated, libelous, seditious, unlawful or legally and morally objectionable matter.

(10).  The AUTHOR shall not write, except for the PUBLISHERS, any other similar work which may compete with this WORK, during the legal term of the Agreement.

(11).  The PUBLISHERS may also negotiate with the AUTHOR  to publish any other paperback or hard-bound edition/editions of the WORK, or its translation, abridgement or adaptation, in any language, in lieu of the royalties/lump sum amount in advance, as mutually agreed upon. Other rights of the WORK  are also mutually negotiable between the parties hereto.  But, notwithstanding anything else provided in this Agreement, prior consent of the AUTHOR , in writing, shall invariably  be obtained for all transactions, agreements and for any permission granted to GOOGLE, or such other bodies, for any use of the WORK, involving the AUTHOR’s copyright.

(12).  The PUBLISHERS will publish the WORK within a maximum period of TWO years.

(13).  The AUTHOR  undertakes to revise the WORK, as and when the need arises, in his opinion, and incorporate new material in it, if any, and update it.

(14).  The construction of the Agreement so far as may be consistent with the AUTHOR shall be held to include his heirs, executors, administrators and assignees; and the PUBLISHERS  shall be deemed to include the PUBLISHERS  for the time being and their heirs, successors and assignees.

(15).  Either  party hereto who do/does not comply with any term and condition of the Agreement shall be liable for damages.

(16).  In case of any dispute between the parties hereto, not settled mutually, the legal jurisdiction under the Agreement shall be the city of business of the PUBLISHERS, and the city of residence of the AUTHOR, respectively.

IN FULL CONSENT TO ALL THE TERMS AND CONDITIONS STIPULATED ABOVE IN PARAS  1  TO  16  OF THIS AGREEMENT, THE PARTIES HERETO HAVE AFFIXED THEIR SIGNATURES  HEREBELOW.

 

PUBLISHERS  :                                                                           AUTHOR : ____________________________                          __________________________

____________________________                     ___________________________

____________________________                        ___________________________

 

WITNESS :                                                                                       WITNESS :

___________________________                                   ________________________

___________________________                                  _________________________

____________________________                                 _________________________

 

 

 

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 47 pages of R.Nath’s book : ‘Mysteries and Marvels of Mughal Architecture’ (with errors, omissions and mutilations) published by Sanjay Arya/Shubhi.

 

 

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4/8-A

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Correspondence between R.Nath and Sanjay Arya/Shubhi

(2008-2013)

 

  1. R.Nath’s letter d. 18. June 2008 to Sanjay Arya/Shubhi
  1. Sanjay Arya/Shubhi’s letter d. 2.8.2008 to R.Nath
  1. Agreement d. 2 August 2008
  1. R.Nath’s Speed Post letter d. 11 August 2008 to Sanjay Arya/Shubhi
  1. R.Nath’s letter d. 15 September 2008 to Sanjay Arya/Shubhi
  1. R.Nath’s letter d. 27 May 2009 to Sanjay Arya/Shubhi
  1. R.Nath’s Regd letter d. 6 March 2010 to Sanjay Arya/Shubhi
  1. Sanjay Arya/Shubhi’s letter d. 3.3.10 to R.Nath
  1. R.Nath’s Regd letter d. 15 March 2010 to Sanjay Arya/Shubhi
  1. R.Nath’s Regd letter d. 5 May 2010 to Sanjay Aray/Shubhi
  1. Sanjay Arya/Shubhi’s letter d. 12.5.10 to R.Nath
  1. R.Nath’s Regd letter d. 28 May 2010 to Sanjay Arya/Shubhi \
  1. Corrected and scanned copy of the whole book: MMMA sent by Regd Parcel on 8 October 2010 to Sanjay Arya/Shubhi
  1. R.Nath’s Regd. letter d. 8 October 2010 (sent with the copy of the book) to Sanjay Arya/Shubhi
  1. Sanjay Arya/Shubhi letter (misleadingly) d. 23.5.2010 to R.Nath in acknowledgement of R.Nath’s letter of 8 October 2010
  1. R.Nath’s Regd letter d. 1 November 2010 to Sanjay Arya/Shubhi
  1. R.Nath’s Regd letter d. 10 December 2010 to Sanjay Arya/Shubhi
  1. R.Nath’s email d. 10 December 2010 to Sanjay Arya/Shubhi
  1. Sanjay Arya/Shubhi’s email d. 14 December 2010  in reply to R.Nath’s email of 10 December 2010 on the subject: ‘Reminder for Corrected Edition’
  1. R.Nath’s Regd. letter d. 8 April 2011 to Sanjay Arya/Shubhi
  1. R.Nath’s Regd. letter d. 5 September 2011 to Sanjay Arya/Shubhi
  1. R.Nath’s Regd Inland d. 1 November 2011 to Sanjay Arya/Shubhi
  1. Sanjay Arya/Shubhi’s letter d. 15.11.2011 to R.Nath
  1. R.Nath’s Advocate’s Notice d. 20 February 2012 to Sanjay Arya/Shubhi
  1. R.Nath’s Regd Notice d. 3o August 2013 to Sanjay Arya/Shubhi

 

 

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