Questions about confidentiality and copyrights
How does the copyright work?
The copyright in the Fairytale by Muby Astruc™ and all materials used or generated in the process of creating the Fairtytale by Muby Astruc™ will be of Ruby and Sons, except the pictures that you have provided us. We reserve and retain the exclusive rights to the Fairytale by Muby Astruc™ name, concept, methodology, the text of the Fairtytale by Muby Astruc™, the retouched elements of the client’s pictures, the format and layout of the book and any other intellectual property that we may create during the course of its production including but not limited to all rights in all working materials, papers, interview voice recordings, interview logs (if any), notes or recordings prepared or used during the course of the project (Ruby & Sons IP). The client may use the Ruby & Sons IP non-exclusively under licence from us limited to the number and form of the printed copies of the Fairytale by Muby Astruc™.
Who owns the Copyright?
Ruby & Sons owns all Copyright until and after the Fairytale by Muby Astruc™ is completed, paid for in full and handed over to the client. The client is only owner of the copies of the Fairytale by Muby Astruc™ that are given to him/her against payment to Ruby & Sons.
What is the difference between Copyrights and Confidentiality?
If the Copyrights of the Fairytale by Muby Astruc™ belongs to Ruby & Sons, the private information of the client that is given to Ruby & Sons to produce the Fairytale by Muby Astruc™ remain confidential to Ruby & Sons, its employees and artisans/suppliers involved in the project. Under no circumstances a Fairytale by Muby Astruc™ shall be shared, given, distributed, copied, published, used in any manner including as a marketing tool by Ruby & Sons without the prior written consent of the client. Ruby & Sons is liable to ensure that the confidentiality is respected by its employees and artisans/suppliers who have access to such private information.
How do I know that I can trust the information (very private, often sensitive, on a personal or business level) I share is going to be kept confidential and not spread publicly via your employees?
With regard to the information and personal data you will share with the interviewer/writer and ultimately with the designer and project manager, Ruby & Sons’ commitment toward confidentiality is of the highest calibre and intends to comply with EU regulations (we have hired international lawyers for this very purpose). Our clients, all extraordinary people and sometimes public personalities or simply very private people, are treated with regard to confidentiality as lawyers or doctors do with their clients or patients: Under no circumstances, but a judicial order that will be scrutinized by our lawyers regarding its validity, shall Ruby and Sons disclose confidential information to any third party. Internally, employees all sign confidentiality agreements that impose tremendously high penalty in case of breach; storage of data (for update 10 years later for instance) is secured with hardware of which the access is encrypted using the latest security systems. Last but not least, you approve each member of our team that is allowed to access to your privacy and are informed about their background. For more information, please consult our terms and conditions.
Who owns the Copyrights if I am the author of the text?
When the text of the Fairytale by Muby Astruc™ is written by the client, therefore author (the “Author”) of a text that is only guided through and edited by a ghost-writer, the text becomes property of the Author without additional charge when the editorial work is complete and has been fully paid for; thereafter while the Copyright of the text does belong to the Author, the copies given of the Fairytale by Muby Astruc™ and the Ruby & Sons IP that includes notably the retouched elements of the client’s pictures, the format and layout remain owned by Ruby & Sons. The Author is provided with a soft copy of the text of which he is free to dispose for any purpose provided Ruby & Sons is credited as “Editor” in case of any further publication. Ruby & Sons will not be held responsible for any legal matters that may arise from any potential public complaint or litigation if you do decide to publish the edited text.
Is there an extra charge for the client to purchase the Copyright of his Fairytale by Muby Astruc™ IP so to publish it commercially?
Copyrights are, in principle, not for sales and our core business is not mass publication. However, in case the client wishes to have the Fairytale by Muby Astruc™ IP published commercially, Ruby & Sons has no intention to retain the Copyrights and is happy to sell the Copyrights on a royalty fees basis. The fees depend whether the client is a celebrity or not and on the length of the concerned Fairytale by Muby Astruc™. Additionally, Ruby & Sons can provide consultancy services for the publishing, including editorial services so to respect legal obligations or the privacy of third parties mentioned in the Fairytale by Muby Astruc™. Consultancy services also include printing, promotional and marketing services. Since we do not have license for publishing activities, we can recommend reputed publishers. For more information about commercial publication of your Fairytale by Muby Astruc™ and publishing risk analysis, get in touch with us here.
Can I sell the few copies I received of my Fairytale by Muby Astruc™ to my clients, customers or friends?
A Fairytale by Muby Astruc™ project is designed to capture the client’s personal life story and to be shared free of charge with their family and friends. It is not for commercial use. Once completed, the copies of the Fairytale by Muby Astruc™ belong to the client but as stated in our terms and conditions the client is liable for any libel, breach of privacy, copyright infringement or similar risks which they need to be conscious of before selling or distributing their book to third parties. Ruby & Sons will not be held responsible for any legal matters that may arise from any potential public complaint or litigation if you do decide to sell your copies of your Fairytale by Muby Astruc™ to third parties.
Can I give the few copies I received of my Fairytale by Muby Astruc™ to my friends, family, clients, customers and other third parties without any risk of breach of privacy of individuals mentioned in the Fairytale by Muby Astruc™ or any risk to face legal actions?
If Ruby & Sons is not responsible to check the accuracy of the information given during the interviews or reviews of the text or to question the interest of having a picture incorporated in the Fairytale by Muby Astruc™, the client is fully allowed to incorporate into the story imaginary events, difficult events, personal opinion, private image, eventually negative, connected to other people, group, movement, race, religion, etc. However, as soon as the client shares the copies of the received Fairytale by Muby Astruc™ with third parties, including friends or family, a negative content written or incorporated in the Fairytale by Muby Astruc™ may be considered, like any other written or visual document, as breaching privacy, defaming or insulting other individuals, or provoking hatred toward groups, religions, etc. and may generate lawsuits against you from a concerned individual, group or public prosecution. No reason to worry for normal life stories: that applies mainly to public personalities and business owners. Our commitment is to always indicate to our client that some information given to us during interviews or reviews or some pictures that are to be incorporated in the Fairytale by Muby Astruc™, if shared with third parties, may have such negative effects. The client is then responsible to remove/change some parts in the Fairytale by Muby Astruc™, and/or share the information mentioned with third parties. In case the client wishes from the get-go many copies of a Fairytale by Muby Astruc™ and inform us that they will be given to many friends, family and other eventually unknown third parties, we will closely advise the client on what to have written and not written when it comes to third parties’ privacy and group’s or political interests. For instance, names and events may have to be changed well enough to make the concerned person and/or group unidentifiable. For commercial distribution, the subject is subject to various legal regulations: for more information on publishing risk analysis, get in touch with us here.