Berkeley Journal of Employment and Labor Law
From Copyright Experiences
The following is the copyright agreement that authors sign:
UNIVERSITY OF CALIFORNIA, BERKELEY
ASSIGNMENT AGREEMENT between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and
AUTHOR NAME IN CAPS
THIS AGREEMENT is made and entered into this ____ day of ___________, 2002, by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, hereinafter referred to as "the University," and AUTHOR NAME IN CAPS, hereinafter referred to as "the Author."
W I T N E S S E T H:
WHEREAS, the Berkeley Journal of Employment and Labor Law (hereinafter “the Journal”) is pleased to publish your article entitled Article Title in Italics. So that you as Author and The Regents of the University of California as publisher may be protected from unauthorized use of the article’s contents, we consider it essential to secure the copyright. To this end, we ask you to grant to the University all rights, including subsidiary rights, to your article. This includes granting to the University copyright and licensing rights to the article separate and apart from the whole journal issue, in any and all media, including electronic rights. However, the University will grant to you the right to use your article without charge in any book of which you are the author or editor.
NOW, THEREFORE, the parties hereto agree as follows:
1. Author’s Reservation of Certain Rights: You hereby reserve the following rights: (1) to reproduce the article for use in your classroom and research activities in either paper or electronic form and (2) to publish the article or permit it to be published by other publishers, provided it is part of any book or anthology, of which you are the author, subject only to your giving proper credit to the original publication in the Berkeley Journal of Employment and Labor Law, unless the anthology is drawn substantially from that journal.
2. Author’s Assignment of Rights: You grant and assign exclusively to the University for its use, any and all rights of whatsoever kind or nature now or hereafter protected by the Copyright Laws of the United States of America and all foreign countries in all languages in and to the above-named article, including all subsidiary rights and electronic rights including distribution on the Internet or by emerging technology. This includes licensing your article in educational photocopying, secondary publishing and abstracting/indexing agreements, to reproduce the article in microfilm or any computer-readable form, including electronic on-line databases and document delivery systems. These agreements also encompass distribution of copies of the article, and distribution by CD-ROM.
3. Author’s Remuneration: You will receive no payment from the University or the Journal for the use of you article, but will receive two free copies of the bound issue in which it appears and twenty-five individual reprints of the article. You may order additional reprints at your own expense before the issue containing the article goes to press. Should the Journal receive any request to reprint, reproduce or translate all or any portion of your article in another publication or medium, the Journal will attempt to obtain your approval for the requested use. For articles written by more than one author, the first listed author will be contacted for approval. If it is appropriate that a fee be charged for this use, the University shall establish the amount of the fee to which it is entitled. You will receive no payment from the University for any subsequent reuse or license of the article.
4. Author’s Warranty: You warrant that you are the sole owner of the copyright of and to the manuscript and have the full power and authority to enter into this Agreement; that your work does not infringe any copyright, nor violate any proprietary rights, nor contain any libelous matter, nor invade the privacy of any persons, and that no right in the Work has in any way been sold, mortgaged, or otherwise disposed of, and the Work is free from all liens and claims. The foregoing warranties apply only to the work submitted and revised by you and not to any revision made by the Journal or its assignees.
You warrant that if the article or any material within the article in addition to the article’s text, such as images, photographs, or illustrations, has been previously published or created in whole or in part, permission has been obtained to reproduce in the Journal the article and any additional materials within the article and also in any subsequent reuse or license of the article by the University including electronic rights.
You also warrant that any permissions’ fees associated with the reproduction of the article and/or any additional material in the article have been paid. You agree to submit a copy of the permission letter and receipt of any permissions’ fees paid as appropriate, in addition to text for credit lines, with the article manuscript.
5. Author’s Indemnification: You agree to hold the University, its officers, agents and employees harmless from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this Agreement and further agree to indemnify and hold harmless the University, its officers, agents, and employees against expenses and attorneys’ fees that may be incurred in defense against each claims, action, or proceeding.
IN WITNESS WHEREOF, the parties hereto have hereinafter executed this Agreement on the day and year first above written.
AUTHOR The REGENTS OF THE UNIVERSITY OF CALIFORNIA
AUTHOR NAME IN CAPS
Please keep one copy of this agreement for your files and return a signed copy to:
Berkeley Journal of Employment and Labor Law 387 Simon Hall Boalt Hall School of Law University of California Berkeley, CA 94720-7200