Friendly Clause About Non-Exclusive Use

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.

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.

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.

Yahoo! does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable:With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.

This is the license to post material on Yahoo's Flickr photo-sharing service. It gives Yahoo! rights to use and to modify the photographs a user posts, but the user retains the copyright in the work and the license ends once the photographer ceases to post the image on the site.

(a) Freelancer hereby grants to Company the following rights in each Work [a drawing] throughout the world:

(i) The exclusive first right to publish the Work, which exclusivity lasts from the date hereof until ninety (90) days beyond the U.S. cover date of the issue of the Publication in which the Work is first published (and for cover-art drawings, one calendar year). In instances where a Work (or any part thereof) is first disseminated on a Company affiliated Web site or service prior to appearing in a print issue of a publication, Company's exclusivity period shall continue through the above-specified applicable time period after the on-sale date of the print issue of the publication. Freelancer will not allow anyone else to publish or use the Work or any portions thereof for any purpose until the applicable exclusivity period has expired.

(ii) Freelancer also grants Company, for the full term of copyright, the non-exclusive right to publish, print, republish, reprint and use the Works, the unrestricted right to use any cover containing the Works for any purpose at any time, the right to make and authorize the making of reprints or stand ¬alone copies of the article or feature including the Works for any purpose, the right to authorize the use of the Works as shown in the applicable publication as set dressing or otherwise in movies, television shows, and other productions, and in addition, the right to use the Works and/or Freelancer's name and likeness in publishing, promoting, advertising and publicizing the publication(s)and services in which the Works appear, and in merchandising.

(iii) Company will have the exclusive right to include each Work in a Company anthology, that is, in an anthology that contains material at least 25% of which originally appeared in [Publication], and which includes works by more than one contributor.

(iv) Company may allow any of Company's or its affiliates' owned or licensed publications outside of the United States, and/or foreign language publications in the United States (in each case "foreign publication") to acquire the exclusive first publication rights to each Work in that publication's country and/or language of publication, such exclusivity to last for ninety (90) days beyond the on-sale date of the issue of the foreign publication in which the applicable Work is published. The foreign publication may acquire the rights by giving notice thereof within one (I) month of the U.S. on-sale date and by agreeing to pay a fee to Freelancer upon publication as follows: [omitted]

(b) In addition to the rights granted above, for cover-art drawings accepted by Publication, Freelancer hereby grants to Company the following rights in each Work, for the full term of copyright, including any renewals and extensions throughout the world:

The exclusive right to use cover-art drawings to prepare covers of Publication. Freelancer acknowledges that any cover containing a Work is a derivative work in that it has recast, transformed, or adapted Freelancer's original Work and, as such, all rights, including copyright, in the cover shall be owned by Company outright. In any event, Freelancer grants Company the unrestricted right to use any cover containing a Work for any purpose at any time. Ownership of the copyright in the underlying work as well as ownership of the physical cover-art shall remain with Freelancer.

(c) Company may exercise the rights granted herein in any media now in existence or hereafter developed, throughout the world. In doing so Company may arrange with third parties for distribution, transmittal, publication, promotion or other dissemination of its publication(s) and service(s) or portions thereof containing the Work, or material from Company's publication(s) or service(s), in a collection, section, manner, or area identified as being associated with or containing material from Company or the applicable publication or service, including with any database operator or other service (e.g., Nexis), and may provide links and other enhancements to the Work.

This is a contract to publish a drawing in a major magazine. The rights granted cover the whole world and extend to all media now known or later developed.

(a)(i). The artist grants exclusive first publication rights; she may not republish or reuse the drawing until 90 days after the magazine (in print format) goes on sale. If the drawing is used as the cover, the artist must wait a year before republishing elsewhere.

(ii). After the period of exclusivity has passed, the magazine receives, for the full term of copyright, non exclusive rights to reuse the drawing for any purpose, and to authorize others to use the drawing for any purpose. Because the grant is non exclusive, the artist may also exercise the same rights; for example, the magazine may license the use of the drawing as part of the decor of a television show, and the artist may license the appearance of the drawing on a film set (or in another television show).

(iii) Although the grant as a whole is non-exclusive after 90 days, the Company receives exclusive rights to anthologize the drawing, but only if the anthology collects drawings of two or more artists, and at least 1/4 of the drawings contained in the anthology were first published by the Company.

(iv) Foreign rights: Company's foreign editions have an exclusive option to publish the drawing outside the US; they must exercise this option within a month of the publication of the US edition. If a foreign edition does publish the drawing, it enjoys 90 days of exclusivity from the date of publication.

(b) Special rules for drawings used as cover art: the author is not entitled to exploit the artwork as it appeared on the cover, incorporating the name of the publication and any other material added by the publisher. But the artist retains the copyright in the drawing as used separately from the cover, and also keeps the original artwork.

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.

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.

1. Magazine shall have the unlimited right to publish the Work in the print medium for one magazine issue, including promotional rights as described in paragraph two. The Work shall be credited to Artist upon publication.
    
2. Magazine shall have the unlimited right to make promotional and internal use of the Work in the print medium, including use of tearsheets by either Magazine or its contributors or advertisers.
    
3. Magazine shall have the unlimited right to publish the Work in the electronic medium for one magazine issue, including promotional rights as described in paragraph 4, provided that the Work shall appear in context to the original cover or page layout.
    
4. Magazine shall have the unlimited right to make promotional use of the Work in the electronic medium, including promotion of Magazine or its Web site either directly on the Magazine Web site or through third-party Web sites or electronic services, provided that the Work shall appear in context to the original cover or page layout.
    
5. In addition to the promotional rights described above, Magazine shall have the unlimited right to make promotional use of the Work in any medium (for example, billboards or blow-in cards), provided that the Work shall appear in context to the original cover or page layout.
    
6. Subject to the provisions of paragraphs 1 through 5, Artist agrees that Magazine shall have the exclusive right to use the Work for a period of 60 days from when the Work is published. Artist further agrees that this exclusive use applies to Artist’s other work that is highly similar to the Work (for example, a different frame from the same photo shoot).

This is an excerpt from a contract between a photographer and a magazine. It provides that the magazine has unlimited rights to the work for one issue including promotional and electronic use. Any use, however, must be in context to the original layout, and credit must be given upon publication.

Due to the limited time period that this contract covers and the fact that the artist retains copyright in the work and receives full credit for the work, this contract is quite reasonable.

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.