Creighton Law Review
From Copyright Experiences
CREIGHTON LAW REVIEW
The following is an agreement between _________________________hereinafter referred to as the Author, and Creighton Law Review, hereinafter referred to as the Law Review, and governs “______________________,” hereinafter referred to as the Work.
Author’s Assignment of Rights
Except as provided in paragraphs 1(c), the Author hereby assigns all rights and interests in the Work, including all rights arising under the Copyright Laws of the United States as well as rights under state law, to the Law Review. These rights include, but are not limited to, the rights to reproduce and distribute the Work in the Law Review, in facsimile reprints or microforms, as a contribution to a collection published by the Law Review, and by means of an Internet or Intranet site over which the Law Review exercises effective control, and also by means of a third-party online legal information provider, such as, but not limited to, LEXIS-NEXIS and Westlaw.
The Law Review’s right provided in Paragraph 1(a) shall be exclusive for a period beginning when this Agreement is executed and ending one (1) year after publication of the Work in the Law Review or two (2) years after execution of this Agreement, whichever is shorter. Thereafter, the Author shall share the rights described in Paragraph 1(a).
The Law Review’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.
After the Work has been published in the Law Review, the Law Review shall have the right to authorize another party to reproduce and distribute the Work for classroom or educational purposes.
The Author grants the above rights without claim of royalties or other compensation.
Ownership of Copyright
The copyright in the Work shall remain with the Law Review.
Author’s Warranties and Undertakings
The Author warrants that to the best of the Author’s knowledge:
The Author is the sole (joint) author of the Work and has the power to convey the rights granted in this Agreement;
The Work has not been previously 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.
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 Law Review, obtain written consent to such reproduction. Litigation
If a claim is asserted against the Law Review 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 Law Review’s response to and defenses against such claim, and the Law Review shall not settle such claim without the Author’s approval. If a settlement requires the Law Review to make a money payment, or a money judgment is rendered against the Law Review, the Author shall reimburse the Law Review for the amount of such payment or judgment, and shall pay the cost and expenses reasonably incurred by the Law Review in defending against the claim.
The Law Review shall have the power, after giving notice to the Author, to initiate legal proceedings against persons or entities believed to be infringing the rights granted by the Author to the Law Review. 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 Law Review’s reasonable costs and expenses incurred in the proceedings, and the balance shall be divided equally between the Author and the Law Review.
Editing and Printing
The Author authorizes the Law Review to edit and revise the Work prior to publication in the Law Review, but the Work shall not be published by the Law Review unless it is acceptable in its final form to both the Author and the Law Review.
Promptly after publication, the Law Review shall give the Author, without charge, twenty-five offprint copies of the Work and, if requested by the Author, additional copies at a cost to be determined.
This Agreement constitutes the sole agreement between the Author and the Law Review 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 _______________________________ Date ____________________________
Law Review ___________________________ Date ____________________________