Cardozo Arts and Entertainment Law Journal
From Copyright Experiences
This is a copy of the Cardozo Arts and Entertainment Law Journal's Copyright Agreement:
The following constitutes the agreement between Yeshiva University for the Cardozo Arts & Entertainment Law Journal (the “Journal”) and _______(the “Author”) concerning the publication of ___________________________________________________________.
1. The Author warrants and represents that:
a. The Author is the sole author of the Work and has the full power and authority to grant the rights granted hereunder. b. The Work does not infringe any copyright or property right of another person or entity. c. The Work does not contain any matter that is defamatory, that violates another’s civil rights or right of privacy, or that is otherwise unlawful.
2. The Author grants to the Journal the nonexclusive right to publish, reproduce, distribute, and use the Article in any form, either separately or as part of a collective work, including but not limited to the nonexclusive right to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw, Lexis, SSRN, and a website controlled and operated by the Journal). The Author retains ownership of the copyright in the Article, and all rights not expressly granted in this agreement.
a. In addition to the nonexclusive rights granted above, the Journal shall have the exclusive right to print publication of the Article for a period beginning when this Agreement is executed and ending six (6) months after publication of the work in the Journal.
b. The Author grants to the Journal the power to assign, sublicense or otherwise transfer any and all rights granted under this Agreement, provided the Journal does not modify the Article without permission from the Author.
c. The Journal agrees to properly affix the author's copyright notice to all reproductions of the Article, and not to modify the article or permit it to be modified without the Author’s permission.
d. The Author retains ownership of the copyright in the Article, and all rights not expressly granted in this agreement, including the nonexclusive right to reproduce, distribute, adapt, perform, and display the Article in print or electronic form.
e. In no case, however, may any subsequent print version of the Article or any part thereof be published by another publisher within six (6) months of the actual publication date of the Article in the Journal without the express written consent of the Journal, unless the subsequent publication is substantially different from the Article as it appears in the Journal.
3. If the Journal is approached by another publisher (the “Publisher”) seeking permission to publish the Work in any form other than those authorized in paragraph two (2) above, the Journal shall have the non-exclusive right to grant such permission to the Publisher, provided that such permission shall require the Publisher to print the legend required by paragraph four (4) below.
4. Any reproduction or republication of the Work other than a photocopied duplicate of an original printed copy must bear the legend that the Work first appeared in the Journal, using a method of citation similar to the form set out immediately below, or whatever form of citation is commonly used at the time:
This article originally appeared in – Cardozo Arts & Ent. L.J. – (200-).
where the first dash indicate the volume number, the second dash indicate the page on which the Work begins, and the final dash indicates the year of publication.
5. The Author grants all of the foregoing rights irrevocably and free of royalty or other participatory claim.
6. If any claim is asserted against, money judgment is rendered against or settlement payment secured from the Journal resulting from the Author's breach of this Agreement or of the warranties or representations made by the Author herein, then the Author shall indemnify and hold harmless the Journal, as well as for costs and expenses reasonably incurred in such defense.
7. The Journal shall have the power and authority, at its discretion, to initiate legal proceedings against persons believed to be infringing the exclusive rights granted by the Author to the Journal. The Author agrees to cooperate reasonably in the institution and maintenance of any such proceedings. Any damages recovered shall be applied first toward the Journal’s reasonable costs and expenses for the proceedings, with the balance to be divided equally between the Author and the Journal.
8. If the Work reproduces any textual or graphic material that is the property of another, the Author shall, if requested by the Journal, obtain written consent to such reproduction.
9. The Journal agrees to deliver to Author an electronic copy of the final version of the Work, concurrently with the initial print publication of the Work.
E Mail Address:
ON BEHALF OF CARDOZO ARTS & ENTERTAINMENT LAW JOURNAL
Stephen Scotch-Marmo Editor-in-Chief