Berkeley Journal of International Law
From Copyright Experiences
"Below is the copyright assignment agreement in which the authors grant the Regents of the University of California the copyright to their article. We have another agreement in which the author licenses us the use of the article, but retains the copyright."
THIS AGREEMENT is by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, hereinafter referred to as "The University,” and INSERT AUTHOR NAME IN CAPS, hereinafter referred to as "the Author,” or “you.”
1. 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 and all foreign countries in all languages in and to your article entitled “INSERT ARTICLE TITLE IN ITALICS,” 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. Included in the above is the right for the University to post an electronic version of your article on the Social Science Resource Network (SSRN).
2. Author’s Reservation of Certain Rights: You hereby reserve the following rights: A) (1) to reproduce the above-named 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 you are the author of any book or anthology and you cite the article as follows: “Originally published in the BERKELEY JOURNAL OF INTERNATIONAL LAW: INSERT VOLUME NUMBER (INSERT ISSUE YEAR).” (3) Requests to publish your article in other journals, books, or anthologies require the University’s prior approval.
3. Author’s Remuneration: You will receive no payment from the University or the Journal for the use of your article. The first-listed author will receive two free copies of the bound issue in which it appears and twenty-five individual reprints of the article. The first-listed author may order additional reprints at his/her own expense before the issue containing the article goes to press. Should the University receive any request to reprint, reproduce or translate all or any portion of your article in another publication or medium, the University will attempt to notify the first-listed author of such requests at the most recent address on file. 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 as a result of any claims, action, or proceeding.
IN WITNESS WHEREOF, this agreement is effective on the date written below:
The REGENTS OF THE UNIVERSITY OF CALIFORNIA
Business Contracts Administrator Address Title
Please keep one copy of this agreement for your files, and return the signed original to:
INSERT JOURNAL NAME INSERT JOURNAL MAILING ADDRESS INSERT FAX NUMBER HERE