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Delaware Journal of Corporate Law

From Copyright Experiences

The information below was provided by the journal

Standard Letter to Authors

PUBLICATION AGREEMENT

THIS AGREEMENT, made this _____ day of ______________, 2006, by and between ____ (hereinafter "Author") and The Delaware Law School of Widener University, Inc., d/b/a The Widener University School of Law, owner of The Delaware Journal of Corporate Law (hereinafter "Journal"), and governs "______" (hereinafter "Work").

1. Author's Grant of Rights

a. Except as provided in Paragraphs 1(c) and 2(b), the Author grants to the Journal the rights to reproduce and distribute the Work in the Journal, in facsimile reprints or microforms, as a contribution to a collection published by the Journal, and by means of an Internet or Intranet site over which the Journal exercises effective control, and also by means of a third-party online legal information provider, such as, but not limited to, Legal Scholarship Network, LexisNexis Group, Inc., Westlaw, and the American Economic Association.

b. The Journal's rights 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 Journal or two and one-half (2 ½) years after execution of this Agreement, whichever is shorter, and shall be nonexclusive thereafter.

c. 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.

d. After the Work has been published in the Journal, the Journal shall have the right to authorize another party to reproduce and distribute the Work in the forms specified in Paragraph 1(a).

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

2. Author's Ownership of Copyright and Reservation of Rights

a. The copyright in the Work shall remain with the Author. However, should the author become unavailable following publication of the work, the Journal shall retain the right to accept or reject any request the reprint the Work, in whole or in part.

b. The Author retains the rights:

(i) 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;

(ii) 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 or electronic distribution that is substantially the same as the Work to another periodical without the permission of the Journal sooner than one (1) year after publication of the Work or two and one-half (2½) 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. Publication by Others

a. Unless the Author notifies the Journal in writing otherwise, the issue of the Journal in which the Work appears shall include a notice stating that the Work may be reproduced and distributed, in whole or in part, by nonprofit institutions for educational purposes including distribution to students, provided that the Journal if notified of such use, and 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.

b. 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 1(a), 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.

4. Author's Warranties and Undertakings

a. The Author warrants that to the best of the Author's knowledge:

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

(ii) The Work has not previously been 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.

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

5. Litigation

a. If a claim is asserted against the Journal, its successors, representatives, agents, and assigns, 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 which shall not be unreasonably withheld. 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.

b. The Journal 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 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 costs and expenses incurred in the proceedings, and the balance shall be divided equally between the Author and the Journal.

6. Editorial Policy

a. The Author authorizes the Journal to edit and revise the Work prior to publication in the Journal. If the Author disagrees with any editorial changes, the Journal shall use reasonable efforts to arrive at a solution agreeable to both parties. In the event that such an agreement cannot be reached as to substantive issues within the Work, the Journal may elect to return the unpublished Work to Author.

b. Any Work submitted to the Journal for publication shall be in final form, subject only to edits and revisions as agreed to in section 6(a) above. Should the Author wish to make any substantial changes to the Work, those changes will be submitted within _____ weeks of the execution of this Publication Agreement. If the Author is unable to comply with this deadline, the Author shall contact the Journal immediately and request additional time. Depending on the amount of additional time needed by the author, the Journal may elect to publish the work in a later issue or volume of the Journal.

c. Citation format. Author should use footnotes, rather than endnotes. Footnotes should conform to the most recent edition of The Bluebook.

d. Style. Author's work should conform to the most recent edition of The Chicago Manual of Style.

7. Printing

a. The Journal shall be responsible for all publication expense. Promptly after publication, the Journal shall give the Author, without charge, fifty (50) offprint copies of the Work and, if requested by the Author, additional copies at the Author's expenses. If there are multiple Authors, the fifty (50) offprint copies will be split as determined by them.

8. Final Agreement

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.

9. Miscellaneous

a. This Agreement shall be governed by the laws of the State of Delaware.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.

THE DELAWARE LAW SCHOOL OF WIDENER UNIVERSITY, INC., D/B/A THE WIDENER UNIVERSITY SCHOOL OF LAW

BY:


TITLE: External Managing Editor


AUTHOR:



Notes to Standard Letter provided by Delaware Journal of Corporate Law

explanation re. use of © by author

Author retains copyright - 2A

DJCL gets right to reproduce exclusively for one or 2 1/2 years from date of publication - whichever is shorter - 1B


10/15/04 - eliminated use of Witness lines (ok per Hamermesh)

web page duplication of work—once accepted for publication by the law review and through publication, the author may not publish or post the work on internet sites in the form of electronic media, computerized retrieval systems, and similar forms.

There is, however, value in making the work available for comment and criticism. Upon the author's request, we do all provision permitting the author to post an abstract of the article to such websites along with a link to your personal webpage, where the author may certainly post his/her work in full. The author may also simply post the article on his personal website.

Reprint Requests

Written requests for permission to reprint an article, or any portion thereof, that has been published in the Delaware Journal of Corporate Law should be e-mailed to law.review@law.widener.edu or mailed to:

   Delaware Journal of Corporate Law
   Widener University School of Law
   4601 Concord Pike
   P.O. Box 7286
   Wilmington, DE 19803

Unless the author notifies the Journal in writing otherwise, the issue of the Journal in which the work appears shall include a notice stating that the work may be reproduced and distributed, in whole or in part, by nonprofit 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.


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