The [publisher] shall at all times have the rights to print, distribute, sell and use the Article, or any portion thereof, in all manners customary in law review administration, including but not limited to the following: as individual reprints; as part of the Issue; as part of bound volumes including the Issue; as part of collections of essays that may have appeared in different volumes of the [journal] and that are produced by the [publisher] in its name; and as microform or electronic reproductions of any of the foregoing.
This is a contract for publication of an article in a scholarly journal (law review). It allows the publisher to reproduce the work as it appeared in the journal in a variety of ways, forever. The right, however, is non exclusive, which means that the author can freely republish the article (or parts or new versions of it). The first publisher may issue or reissue the article in a variety of formats and media, but cannot change the article from the way it appeared in the original journal issue publication.
Any reproduction or republication of the Article, other than a photocopied duplicate of an original printed copy, must bear the legend that the Article first appeared in the [journal] using a method of citation similar to the form set out immediately below, or whatever form of citation may then be commonly used:
This article originally appeared at X xxx (XXXX).
where X indicates the volume number, xxx represents the page of the Issue on which the Article begins, and XXXX indicates the year of publication.
Anytime the author allows anyone to print the article, whether or not the author is compensated, the above notice must appear.
After the period of one year, the publisher and author will jointly share the rights. This means the writer is free to sell the work elsewhere, but [publisher] also retains the exclusive rights to reprint and/or electronically publish all articles appearing in the magazine.
This clause follows one that granted exclusive rights to a magazine publisher. After one year, the author regains all rights in the work but this grant back is non-exclusive: the publisher will continue to be permitted to publish the work, including online.
Author is owner of the copyright in the Work. Author is entitled to all the benefits contained in the United States Copyright Law effective as of the date of the signing of this Agreement, including but not limited to Section 203, which provides authors and their successors with a right of termination.
(a) Publisher shall print in every copy of the Work a copyright notice that contains Author's name as owner of the copyright and that complies with the United States Copyright Act and the Universal Copyright Convention; and
(b) Publisher shall, within three months of first publication, duly register a claim for United States copyright in the Work, in the name of Author as "claimant"; and
(c) Every license granted by Publisher hereunder to reproduce and distribute copies of the Work shall contain a requirement that the licensee print the aforesaid copyright notice in all copies.
Thanks to the Authors Guild for this model clause. The clause specifies that the author retains all copyrights in the work, but obliges the publisher include a copyright notice in the author's name. If the publisher licenses rights to anyone else to make or distribute of the work, the publisher's contract with its licensee will demand that those copies include a copyright notice in the author's name.
The copyright in the Article shall remain with you, and nothing in this Agreement shall be construed as an assignment of copyright ownership to the [journal publisher]. Except as otherwise provided in this Agreement, all rights in the Article under the Copyright Act of 1976 belong to you.
This is a contract for publication of an article in a scholarly journal (law review). The author retains the copyright in the work; the publisher receives only those rights spelled out in the agreement. Anything not specifically granted stays with the author. The actual extent of author-friendliness will depend on what rights the author specifically grants.
You may at all times use and distribute original printed copies or photocopied duplicates of the Article, or any portion thereof, as it appeared in the [journal], whether for personal, professional, or teaching purposes. You also have the right to reprint or republish the Article, or any portion thereof, in any book or article that you may write or contribute to, but if you do so, you must comply with the provisions of Paragraphs 3, 5, and 8 of this Agreement.
This is a contract for publication of an article in a scholarly journal (law review). Section 3 of the contract gave the publisher the exclusive right to publish the work for one year. Section 5 gave the publisher the right to upload a copy of the article onto legal databases. Paragraph 8 set out how the journal should be credited if the author subsequently publishes all or part of the article somewhere else. During the one year of the publisher's exclusivity, the contract nonetheless allows the author to make and distribute photocopies of the article (as published in the journal) to the author's students or for other professional and personal purposes. (The contract does not allow the author to distribute the article over digital media during the one year of the publisher's exclusivity.) After the one year, the author retrieves her exclusive rights to publish the work anywhere, in any format, but she must credit the original publisher, and the journal may license the inclusion of the article in legal databases.
COPYRIGHTS
Publisher is hereby expressly authorized and agrees to register a claim to copyright in the Work in Author’s name with the U.S. Copyright Office within three months after first publication. Each copy of the Work published pursuant to this Agreement shall include a copyright notice in Author’s name in accordance with United States Copyright Law and the provisions of the Universal Copyright Convention.
This is a good example of the type of an author-friendly notice clause.
