The Conflict Between Compulsory Execution and Termination of Publishing Contract According to the Author's Moral Right

The concept of a binding contract between parties under civil law theory applies to the publishing contract, along with all other unnamed contracts, subject to general contract provisions as specified by civil law. While the author's moral rights take precedence over financial rights, Jordanian law outlines specific cases for termination of the contract either by mutual agreement or judicially. Nonetheless, the author can exercise their intellectual authority to terminate the contract as they see fit, unless the contract explicitly states otherwise. In the field of publishing contracts, it is sought to reveal the influence that contract binding strength has on an author's moral rights by examining when the author may break this principle. The study also delves into how publishers can safeguard their rights and the potential of applying the concept of arbitrariness in exercising this right. It is key to note from this study that although the author can step back from their obligation without any violation and can also refuse to follow through by delivering the intellectual property outlined in the publishing agreement or withdrawing it after its release, the legislator has put in place a fair method for compensating the publisher. As a suggestion, the researcher advocates for the addition of inclusive legal clauses for publishing contracts to encompass all of their terms.