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Journal of Law and Religion

From Copyright Experiences

Below is cover letter and copyright agreement:


DATE

Professor

Dear Professor :

Enclosed please find an updated Author Copyright Agreement for the Journal of Law and Religion, with attached memo. Please read through this Agreement, sign and return. We request you return this completed document immediately so that we receive it prior to publication of your article in the upcoming issue of the Journal of Law and Religion, Volume ___, No. 2.

As we are fast approaching press time for this issue, one other final task is to determine how many reprints of your article you wish to receive.

We will arrange to have 25 complimentary copies of your published piece sent to you. You also may order additional copies at your expense. A reprint charge chart is enclosed.

Please return your signed, dated copyright agreement, along with your request for any additional reprints, if any, no later than _____________. If we do not hear from you by then, we will assume that you do not wish to order any additional reprints at this time.

Thank you.

Sincerely,

Linda Berglin

Production Manager

Journal of Law and Religion

TO: Journal of Law and Religion Authors

FROM: The Editors

RE: Journal Copyright Agreement

Enclosed please find a copy of the agreement we make with authors whose work we are publishing. This agreement is slightly revised and reworded from a model agreement developed by a special committee of the American Association of Law Schools for law school journals. In addition to specifying that you are entitled to give final permission to the editing of your article and to reprints, its purposes are as follows:

     A. To clarify that you hold the copyright to your work, subject to the Journal’s right to publish the article in the Journal itself as well as in the forms we are usually providing it now—to database providers such as William S. Hein & Co., Inc., Religious & Theological Abstracts, and Westlaw that publish entire issues of Journals on-line as a convenience to researchers, to people seeking reprints of Journal articles or microfilm copies for their libraries, and possibly in the future to be posted in part to our own WEB site or in collections of JLR articles. (Currently we post the index but not the articles.) As these publications are in the ordinary course of business, it is difficult to get individual permissions from all authors each time we publish in this form (i.e., add an on-line republisher.) We are also asking your permission to agree that we can give copyright clearinghouses a copy to be made of your work, i.e., for personal or classroom use when people ask them.

B. To secure your agreement that you will not republish the work for a period of one (1)

year after its publication in the Journal without our permission and acknowledgment. While we have usually given permission even within a year, this protects the Journal against simultaneous publication in a similar journal. After one (1) year, we share with you the right to republish for the limited purposes described in the agreement.

     C. To clarify our respective rights to reproduce material. The Journal occasionally gives permission to reproduce for classroom use if the user provides students the material at or below cost, unless you object (which you should note on the form at the end.) You are entitled, even during the first year, to authorize such reproduction yourself; or to use your work in anthologies or books that you write or edit, or to post your work on your own Internet/Intranet site. We would just ask that you acknowledge the publication in the Journal. If someone else requests use of your material (such as another person editing an anthology to be sold for profit), we will notify you and ask for your permission, as well as asking that your name and the first publication be acknowledged in the republication.

D. Though we have never had to be and hope never have to be concerned with this, the

agreement is also your assurance that your work belongs to you, has not been previously published, and does not infringe others’ rights such as copyright or defamation or right of privacy. The agreement provides that if anyone sues the JLR for any of these reasons, you can join the suit and we will both agree to any settlements, but that you are responsible for reimbursing us if the person recovers against us. The agreement also allows us to protect our rights in the Work against improper

Journal of Law and Religion and Author Copyright Agreement

use by others and to share any recoveries with you.

The Journal of Law and Religion, by its editor, and [Jane Doe] who is the Author of the Work appearing under the name of [Law and Religion] in Volume [XX, No.1 (2004-2005)] of the Journal of Law and Religion, make this agreement regarding their rights in this Work.

1. Author=s Grant of Rights to the Journal of Law and Religion (JLR)

     A. The Author grants the JLR the rights to reproduce and distribute this Work in the following ways:
     1. In the Journal itself;
     2. In facsimile reprints or microforms, including the right to grant permission

to copyright clearinghouses or similar organizations to grant the right to copy

single copies of the work, e.g., for scholarly or classroom use.

     3. As a contribution to a collection published by the JLR 
     4. On an Internet or Intranet side over which the JLR exercises effective control;
     5. On a third-party online legal-religious information provider, such as (but not limited
  to) Westlaw

This 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 only subject to the Author’s approval of the translator, which will not be unreasonably withheld. This right is further limited by the Author=s rights described in paragraph 2 below and by the Journal’s rights to authorize publication for others listed in paragraph 3 below.

     B. The Journal’s rights provided in paragraph 1(A) shall be exclusive for a period beginning when this Agreement is signed by both parties and ending one (1) year after the publication of the Work in the Journal.  After that, the Journal’s rights will be nonexclusive (shared with the Author). 
     C. The Author grants these rights to the JLR without any claim to royalties or other compensation for the rights.

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

     A. The copyright in the work shall remain with the Author.

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 publication if the Author is the

Journal of Law and Religion and Author Copyright Agreement

sole or joint author or editor of that work. However, the Author agrees that he/she will not submit a work that is substantially the same as this Work to another periodical without the permission of the JLR sooner than one (1) year after publication of the Work in the JLR. The Author may request written permission from the JLR editor to have the Work reprinted in another publication within the period of one (1) year.

If the Author receives permission for reprinting within one (1) year of publication, the Author agrees to ensure that the republication will carry the following legend: Reprinted with the permission of the Journal of Law and Religion from Vol. XX, No. 1 (2004-2005).

If the Author decides to have the Work reprinted after one (1) year of publication, the Author agrees to ensure that the republication will carry the following legend: “Reprinted from the Journal of Law and Religion, Vol. XX, No. 1 (2004-2005).”

(iii) 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, number, year, and first page of the Work’s publication in the JLR.

3. Publication by Others:

     A. The JLR shall have the right to authorize others to reproduce the Work, in whole or part, in any format by nonprofit institutions for educational purposes including distribution to students for classroom at or below cost. The JLR shall have the right to put a notice regarding this distribution right in the issue in which the Work appears. If the Author prefers that such right not be given for his/her work, he/she should specify that preference in writing with this agreement. 
     B. After the Work has been published in the JLR (or, with the Author=s permission, prior to publication), the JLR shall have the right to authorize another party to reproduce and distribute the Work for reasons other than classroom use or reasons specified in paragraph (1). The JLR will request that such reproduction identify the Author, the volume and number of the JLR in which the Work appears, and the year of the Work=s publication in the JLR. Except for reproductions listed in paragraphs 1(A) and 3(A), the Journal agrees to notify the author when it gives authorization to reproduce the Work so long as the Author has kept his/her address and telephone number current with the Journal. If the Author objects to such reproduction and distribution, he/she must give the JLR written notice within forty (40) days after notice of intent to give authorization is sent to the Author. The terms of any authorization, including any payments, shall be by agreement between the JLR and the Author.

Journal of Law and Religion and Author Copyright Agreement

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 author of the Work and has the power to convey the rights granted in this Agreement;

           (ii) The Work has not been previously published in whole or in part;
           (iii) The Work does not infringe the copyright or property right of another;

(iv) The Work does not contain matter that is defamatory, violates another=s civil rights, 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 another personfiltered=s property, and permission for reproducing it is required, the Journal may request that the Author obtain written consent to reproducing the material as a condition of publishing it in the Journal.

5. Legal Claims

     A. If anyone asserts a claim against the JLR as a result of a claimed breach by the Author of his/her warranties or other parts of this agreement, the Author will be promptly notified and may participate in the JLR=s response to and defenses against that claim. The JLR agrees not to settle any such claims without the Author=s approval. If the settlement requires the Journal to make a money payment or a money judgment is rendered against the Journal, the author shall reimburse the JLR for such payment or judgment, costs and expenses reasonably incurred by the JLR in defending against the claim.
     B. The JLR shall have the power to initiate legal proceedings against persons or entities JLR believes to be infringing on the rights granted by the Author to the Journal. The JLR will notify the Author of these proceedings in a timely manner, if the Author has kept his address and telephone number current with the JLR. The Author agrees to cooperate with reasonable requests by the JLR as necessary to institute and maintain these proceedings. Any damages recovered will be applied toward the Journal=s costs and expenses incurred in the proceedings, and the Author and the Journal shall divide the balance equally.

6A. The Author authorizes the Journal to edit and revise the Work prior to publication, but the Work shall not be published in the Journal unless it is acceptable in its final form to the Author as well as the Journal.

Journal of Law and Religion and Author Copyright Agreement

     B. After publication, the Journal shall provide the Author with 25 offprint copies of the Work without charge. The Author may request and pay for additional copies at cost.

7. Final Agreement

This Agreement constitutes the only agreement between the Author and the Journal with respect to the publication and copyright of the Work described. Any modifications or additions to the Agreement shall be in writing.

Author______________________________ Date:____________________

     [Author] 

JOURNAL OF LAW AND RELIGION

By___________________________________ Date:____________________

     [Editor] 

Author’s Notification: (Please sign only if you do NOT want to authorize classroom reproductions.) I would prefer that the Journal of Law and Religion NOT authorize reproduction or distribution of my article by nonprofit institutions for educational purposes including distribution to students, at or below cost.

______________________________________ Date:________________

u:\law\jlr\CopyrightAgmt


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