Sample Contract: Academic Legal Journal (4)
Click on any linked sentence for an explanation.
RE: Article Name
We are delighted that you have elected to publish your article in Volume X, Issue No. X 200X of the [Journal].
In order to avoid the consequences of any unauthorized use of the article, we consider it essential to provide for the protection of our respective copyrights. To preserve the value of our publication and to encourage future contributions such as yours, we also think it important to restrict your republication rights for a limited period. We therefore ask you to enter into the following agreement relating to the publication of the article:
1. The Journal (the "Journal") accepts the above-captioned article (the "Article") for publication in the Fall/Spring 200X issue of the [Journal], Vol. X, No. X (the "Issue").
3. You grant to the Journal the exclusive right to publish the Article for a period of one year from the date when the Issue is first mailed to the Journal's subscribers. During this period you shall not publish the Article, in any other law review, scholarly publication, or otherwise, nor shall you authorize any other party to do so, without the written consent of the Journal.
4. Notwithstanding the one-year restriction contained in Paragraph 3 of this Agreement, 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.
5. You specifically grant the Journal the exclusive right to authorize the republication and distribution of the Article through computerized legal research services, including but not limited to LEXIS and WESTLAW, and similar databases, in any language and in any country.
6. The Journal 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 journal 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 Review in its name; and as microform or electronic reproductions of any of the foregoing.
7. If the Journal is approached by another publisher (the "Publisher") seeking permission to publish the Article in any form other than those authorized by Paragraphs 5 and 6 above, the Journal shall have the nonexclusive right to grant such permission to the Publisher, provided that such permission shall require the Publisher to print the legend required by Paragraph 8 below.
8. 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 Columbia Journal of Environmental Law, 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 [Journal] xxx (200X).
where xxx represents the page of the Issue on which the Article begins.
9. Any reproduction of the article prior to the Journal’s publication, other than for the author’s personal use, must bear the legend that the final version of the Article will appear in the [Journal], using a method of citation similar to the form set out immediately, below, or whatever form of citation may be commonly used:
The final edition of this article will appear in X [Journal] (200X).
10. You grant all of the foregoing rights irrevocably, and free of royalty or other participatory claim. The Journal may transfer, assign, or sublicense these rights without further permission from you.
11. You represent and warrant that the Article has not been published before, constitutes your own original work, and does not violate, in whole or in part, any existing copyright. You also represent and warrant that to the best of your knowledge and belief, the Article does not defame, invade the privacy of, violate the civil rights of, or otherwise infringe the rights of any person.
12. You represent and warrant that you have full power to enter into this Agreement and to convey the rights herein granted.
13. This Agreement is subject to the understanding that the ordinary editing processes of the Journal will be diligently pursued and that the Article will not be published by the Journal unless, in its final form, it is acceptable both to you and to the Journal. The Journal reserves the right to postpone publication of the Article to a subsequent issue if problems outside of the Journal’s control arise which significantly delay the editing process.
14. This Agreement shall be construed as a contract made under the laws of the State of [].
15. This Agreement constitutes the sole expression of all understandings between you and the Journal with respect to the Journal's agreement to publish the Article and with respect to copyright and republication rights. This Agreement shall not be modified other than in writing.
Kindly countersign the enclosed copy of this letter and return the same to us at your earliest convenience. Until this Agreement is signed, we cannot proceed with the editing process. If you have any questions, please feel free to contact the Editors-in-Chief of the [Journal].
Very truly yours,
Name Editor-in-Chief
Date
Accepted:
Signature:
Date:
Name Author
[if more than one author:]
Accepted:
Signature:
Date:
Name Author