Akron Law Review
From Copyright Experiences
University of Akron Law Review Publication Agreement
This agreement (the “Agreement”) is entered into between AUTHOR NAME1 and AUTHOR NAME 2 (“Author”), whose address is _________________________ and _________________________, respectively, and the University of Akron, an education institution, located at 302 Buchtel Hall, Akron, Ohio 44325-2901, through the Akron Law Review (“University”), and governs, “ARTICLE TITLE” (the “Work”).
1. Author's Grant of Rights
1. Except as provided in Paragraph 2(2), Author grants to University all rights to reproduce and distribute the Work in the Akron Law Review, in facsimile reprints, microforms or other media currently in use or hereinafter developed, as a contribution to a collection published by University, and by means of an Internet or Intranet site or other technology over which University exercises effective control, and also by means of a third-party legal information provider, such as, but not limited to, LEXIS-NEXIS, Westlaw and ProQuest/UMI.
2. University’s rights provided in Paragraph 1(1) shall continue for perpetuity and be non-exclusive, provided that Author complies with Paragraph 2(2).
3. After the Work has been published in the Akron Law Review, University shall have the right to authorize a third party (ies) to reproduce and distribute the Work in the forms specified in Paragraph 1(1).
4. Author grants the above rights without claim of royalties or other compensation.
2. Author’s Ownership of Copyright and Reservation of Rights
1. The copyright in the Work shall remain with Author.
2. Author retains the rights:
i. To reproduce and distribute the Work, and to authorize others to reproduce and distribute the Work, in any format, to students for classroom use, at or below cost.
ii. To include the Work, in whole or part, in another work of which Author is the sole or joint author or editor, provided that such Work identifies Author, Akron Law Review, the volume, the number of the first page, and the year of the Work’s publication in the Akron Law Review.
iii. To post the Work, in whole or in part, on an Internet or Intranet site for which the Author has effective control over the site or the Author’s content on the site and provided that such Work identifies Author, Akron Law Review, the volume, the number of the first page and the year of the Work’s publication in the Akron Law Review.
3. Author’s Warranties and Undertakings
1. Author warrants:
i. Author is the sole (joint) author of the Work and has the power to convey the rights granted in this Agreement;
ii. The Work has not previously been published, in whole or in part, except as follows:
iii. The Work does not infringe the copyright or property right of another; and
iv. The Work does not contain matter that is defamatory, violates another’s civil right, right of privacy, right of publicity, or other legal right, or is otherwise unlawful.
2. If the Work reproduces any textual or graphic material that is the property of another for which permission is required, Author shall obtain written consent to such reproduction.
1. Author shall indemnify and hold harmless University, its Board of Trustees, officers, employees, agents and students from and against any claim, damage, loss or expense, or any settlement thereof, that results from Author’s breach of this Agreement or the warranties therein. If a claim is asserted against University as a result of Author’s breach of this Agreement or the warranties herein, Author shall be promptly notified of the claim.
2. University shall have the power to initiate legal proceedings against persons or entities believed to be infringing the University’s rights or the rights granted by Author to University. Author agrees to cooperate reasonably in the institution and maintenance of such proceedings. Damages recovered in such proceedings shall be applied first toward University’s reasonable costs and expenses incurred in the proceedings, and the balance shall be divided equally between Author and University.
5. Editing and Printing
1. Author authorizes University to edit and revise the Work prior to publication in the Akron Law Review.
2. In the event a final title for the Work agreeable to both Author and University cannot be chosen by the time the Work is forwarded to the printer for composition, University shall have the right to determine the title under which the Work shall be published.
3. Author shall read and correct all electronic proofs of the Work emailed to Author by University and shall sign and return the electronic proofs via email within 10 (ten) days. If University does not receive a response from Author within 10 (ten) days, for any reason, University will publish the Work as it appears in the electronic redline version, as emailed to Author by University, unless a request by Author for a reasonable extension is approved by University.
4. Author understands that University will exercise reasonable care in the handling of the manuscript prior to and during publication. University shall not be liable for any loss or damage, in whole or in part, to any of the Work whatsoever, including any writings, manuscripts, illustrations, or material whatsoever tendered by Author to University.
5. Promptly after publication, University shall give Author, without charge, 50 (fifty) offprint copies of the Work and, if requested by Author, additional copies at a cost to be determined.
1. Amendments. No amendments, modifications, riders, or waivers to this Agreement will be valid unless in writing and signed by all parties to this Agreement.
2. Notification. Any notice or request that either party is required or desires to give to the other party shall be deemed to have been duly given if mailed by United States Certified Mail to the addresses listed at the top of this Agreement, or, in either case, to such other address as hereafter shall be specified by written notice to the other party.
3. Successors and Assigns. This Agreement will be binding on the parties hereto, their heirs, successors, executors, administrators, or assigns.
4. Governing Law. This Agreement will be deemed to have been executed in the State of Ohio and will be interpreted according to the laws of the State of Ohio and applicable U.S. federal law.
5. This Agreement constitutes the sole agreement between Author and University with respect to the publication and copyright of the Work. Any modifications of or additions to the terms of this Agreement shall be in writing and signed by both University and Author.
Recommended by: Author(s): _____________________________ ______________________________ Justin M. Burns Names Editor in Chief 2014-2015 Akron Law Review Date: _________________________ Date: _________________________ ______________________________ Names Date: _________________________ University of Akron Legal Form & Sufficiency Approved By: ____________________________ By: ___________________________ Mike Sherman Scott M. Campbell Its: Senior Vice President, Its: Assistant General Counsel and Provost and Chief Operating Officer Records Compliance Officer Date: ___________________________ Date: _________________________