Clauses for Writers

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.

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.

OnceWritten.com does reserve the right to feature winning entries on the website and in publications promoting the website for the lifetime of OnceWritten.com. In the case that the work is later re-printed in another publication, OnceWritten.com requests that written credit be given. Authors retain all other rights.

This clause appeared in the terms and conditions of a poetry contest. The author retains her copyright, but allows the contest sponsor the non-exclusive right to use the winning entry on the sponsor's website and in publications promoting the website. The author authorizes these uses for so long as the website remains up. The author should also give credit to the contest sponsor if she republishes the winning poem elsewhere.

Author grants to Publisher the exclusive rights to print, publish, distribute, sell and license the rights to any and all editions and/or formats of the Book, in whole or in part, in the English language throughout the world.

Author grants to Publisher the non-exclusive right to Electronic versions of the Book. (Electronic versions shall be defined as online and digital reproductions and displays of the verbatim text and illustrations of the Book, or excerpts, for promotional purposes only. This grant of rights shall in no event be deemed to be a grant of electronic-book or audio-recording rights, which are reserved by the Author.)

These rights shall be granted to the Publisher for a period of five (5) years from date of this agreement.

These clauses - taken from a negotiated literary contract - are among the author-friendliest we've encountered. Although the grant of English-language print rights is broad, it also is brief; the author recovers all rights after five years. Moreover, the contract explicitly reserves to the author the e-book and audio-book rights. In addition, because the contract covers only English language rights, the author retains foreign language rights.

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.

1. Promotional Use. Author grants to WEBSITE OPERATOR the right use Author's name, biographical information, likeness, pseudonym and/or image in connection with authorized uses of the Materials, said information to be supplied by Author.

2. Credit, Attribution and Linking. WEBSITE OPERATOR shall give Author credit in connection with the use of the Materials by identifying Author in conjunction with the Materials as displayed on the Site. WEBSITE OPERATOR shall also provide on the Site a link to the Author’s web site and to the Materials, to the extent available, on www.xxx.com.

3. Term. The term of this Agreement (the "Term") shall commence upon the date set forth above and will continue until such time as WEBSITE OPERATOR determines, in its sole discretion, to remove the Materials or, upon thirty-day written notice by Author of its/his/her intent to terminate the Agreement.

   1. WEBSITE OPERATOR shall be the sole owner of all intellectual property rights in the Site and all materials relating to the Site other than the Materials. Author shall retain all rights with respect to the Materials which are not expressly granted to WEBSITE OPERATOR herein and Author may exercise, sell, license, or otherwise dispose of such rights at any time.

This is an agreement between a website operator and a user who wishes to post content on the site. It allows the contributor/author to retain copyright in the work and gives him or her credit on the site. Furthermore, the contributor/author is allowed to remove the material at any time on 30 days notice.