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Brigham Young University Education and Law Journal

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This is a copy of Brigham Young University Education and Law Journal's Copyright Agreement:


BRIGHAM YOUNG UNIVERSITY EDUCATION AND LAW JOURNAL

J. REUBEN CLARK LAW SCHOOL


The following is an agreement between BRIGHAM YOUNG UNIVERSITY EDUCATION AND LAW JOURNAL (hereinafter referred to as “the Journal”) and ____________________________________________ (hereinafter referred to as “the Author”), and governs _____________________________________________________ (hereinafter referred to as “the Work”).


The Journal and the Author understand and agree that:

1. The Journal accepts the manuscript for publication on condition that the Work remains of publishable quality. The Work shall be published by the Journal in the ____, Volume __ issue of the Journal.

2. The Author authorizes the Journal to edit and revise the Work prior to publication in the Journal. The Journal shall have the right to modify the Work to conform with the standards and style of the Journal. However, the Author retains final authorization of any substantive or stylistic changes made to the Work.

a. If, in the judgment of the Journal, extensive rewriting other than basic changes are required, the Journal shall return the Work to the author within a reasonable time with recommendations for change. The Author shall be responsible for making such changes. If the time needed for such changes will disrupt the publication schedule of the Journal, the Journal may postpone the Work until its next issue in which space is available. In the event that the publication of the manuscript is postponed to a later issue, the Author may terminate this Agreement.

b. Prior to publication, the edited manuscript will be forwarded to the Author for final comment and approval.

3. The Author authorizes publication of the Work by the Journal.

4. The Author grants to the Journal the rights to reproduce and distribute the Work [1] in the Journal, [2] in facsimile reprints or microforms, [3] as a contribution to a collection published by the Journal, [4] by means of an Internet or Intranet site over which the Journal exercises effective control, and [5] by means of third-party online information providers and data retrieval services such as, but not limited to, LEXIS-NEXIS, Westlaw, Hein-On-Line, and ProQuest.

a. The Journal’s right to reproduce the Work includes the right to prepare a translation in any language or to authorize the preparation of such a translation, but such right is subject to the Author’s approval of the translator, which is not to be unreasonably withheld.

b. Except as otherwise expressly provided, the Author or the Journal can grant permission for copies of the completed Work to be reproduced or distributed, in whole or in part, by non-profit institutions for educational purposes including distribution to students, provided that the copies are distributed at or below cost and identify the Author, the Journal, the volume, the number of the first page, and the year of the Work’s publication.

c. The Journal shall have the right to authorize another party to reproduce and distribute the Work in a form other than those specified in paragraph 4 above, provided that such reproduction identifies the Author, the Journal, the volume, the number of the first page, and the year of the Work's publication in the Journal, and provided further that the Author has been notified by the Journal of its intent to authorize such reproduction and distribution not less than thirty (30) days prior to the grant of such authorization and the Author has not within thirty (30) days after being notified given the Journal written notice of the Author's objection to such reproduction and distribution.

d. The Author grants the above rights without claim of royalties or other compensation.

5. The Author warrants that to the best of the Author’s knowledge:

a. The Author is the sole (or joint) author of the Work and has the power to convey the rights granted in this Agreement.

b. The Work has not previously been published, in whole or in part, except as follows:

_______________________________________

_______________________________________

c. The Work does not infringe on the copyright or property right of another.

d. 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.

e. If the Work reproduces any textual or graphic material that is the property of another for which permission is required, the Author shall, if requested by the Journal, obtain written consent to such reproduction.

6. The Author retains the copyright of the article. Proper notice of copyright will appear in the Work. The Author retains rights: (1) 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; (2) To include the Work, in whole or part, in another work of which the Author is the sole or joint author or editor, provided that in either circumstance the Author may not submit a work for publication that is substantially the same as the Work to another periodical without the permission of the Publisher of Journal sooner than one (1) year after the publication of the Work or (2) years after execution of this Agreement, whichever is sooner, and provided further that such Work identifies the Author, the Journal, the volume, the number of the first page, and the year of the Work's publication in the Journal; (3) To post the Work, in whole or in part, on an Internet or Intranet site over which the Author has effective control provided that such Work identifies the Author, the Journal, the volume, the number of the first page and the year of the Work's publication in the Journal.

7. If a claim is asserted against the Journal as a result of the Author’s alleged breach of this Agreement or the warranties herein, the Author shall be promptly notified. The Author shall have the right to participate in the Journal’s response to and defenses against such claim, and the Journal shall not settle such claim without the Author’s approval. If a settlement requires the Journal to make a money payment, or a money judgment is rendered against the Journal, the Author shall reimburse the Journal for the amount of such payment or judgment, and shall pay the cost and expenses reasonably incurred by the Journal in defending against the claim.

8. The Journal shall have the power, after giving notice to the Author, to initiate legal proceedings against persons or entities believed to be infringing upon the rights granted by the Author to the Journal. The Author agrees to cooperate reasonably in the institution and maintenance of such proceedings. Damages recovered in such proceedings shall be applied first toward the Journal’s reasonable costs and expenses incurred in the proceedings, and the balance shall be divided equally between the Author and the Journal.

9. Any requests for comment by news media or other outside sources upon the article shall be referred to the Author. Any requests for copies of all or part of the article prior to publication will be granted only with the express written consent of the Author.

10. The Author shall receive 50 copies of the individual Work from the publisher, but may, at the Author’s discretion, receive instead 10 copies of the entire edition of the Journal.

11. This agreement constitutes the sole agreement between the Author and the Journal 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.


AUTHOR BRIGHAM YOUNG UNIVERSITY EDUCATION AND LAW JOURNAL


_______________________ _________________________ Solicitations Editor


_______________________ _________________________

     Date						          Date

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