Journal of the National Association of Administrative Law Judges
From Copyright Experiences
Journal of the National Association of Administrative Law Judges Author Agreement
The following is an agreement between Author, hereinafter referred to as the Author, and Journal of the National Association of Administrative Law Judges, hereinafter referred to as the Journal, and governs Manual for Administrative Law Judges , hereinafter referred to as the Work.
1. Author's Grant of Rights
Except as provided in Paragraphs 1.3 and 2..2, 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 Internet or Intranet sites over which the Journal exercises effective control, and also by means of a third-party online legal information providers, such as, but not limited to, LEXIS-NEXIS and Westlaw. The Journal's rights provided in Paragraph 1.1 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 (2) years after execution of this Agreement, whichever is shorter, and shall be nonexclusive thereafter. 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. After the Work has been published in the Journal, the Journal shall have the right, after notification of the Author, to authorize another party to reproduce and distribute the Work in the forms specified in Paragraph 1.1. The Author grants the above rights without claim of royalties or other compensation.
2. Author's Ownership of Copyright and Reservation of Rights
2.1 The copyright in the Work shall remain with the Author, including but not limited to:
2.11. To reproduce and distribute the Work, and to authorize others to reproduce and distribute the Work, in any format, to students for educational use, at or below cost;
2.12. 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 Journal sooner than one (1) year after publication of the Work or two (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.
2.13. 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.
2.2. Notwithstanding the provisions of 2.1 to 2.13, the author retains the right to publish the Work (manual) on the University of Arkansas Little Rock Law School Internet web site, and to maintain the Work (manual) on that web site for a time period decided by the author, and the law school.
3. Publication by Others
3.1. 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.
3.2. 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, and provided further that the Author has been notified by the Journal of its intent to authorize such reproduction and distribution not less that 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.
4. Author's Warranties and Undertakings
4.1. The Author warrants that to the best of the Author's knowledge:
4.11. The Author is the sole (joint) author of the Work and has the power to convey the rights granted in this Agreement;
4.12. The Work does not infringe the copyright or property right of another; and
4.13. 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.
4.2. 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.
5.1. The Author shall indemnify and hold the Journal of the National Association of Administrative Law Judges and Pepperdine University harmless from any claims asserted by any third party arising out of the Author’s alleged breach of this Agreement or the warranties contained herein. The Author shall be promptly notified of any such claim asserted by a third party and shall have the right to participate in the defense against such a claim.
5.2. 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 reasonable costs and expenses incurred in the proceedings, and the balance shall be divided equally between the Author and the Journal.
6. Editing and Printing
6.1. The Author authorizes the Journal to edit and revise the Work prior to publication
in the Journal, but the Work shall not be published by the Journal unless it is acceptable
in its final form to both the Author and the Journal.
6.2. The Author agrees to provide, to the best of the Author’s ability, to the Journal any sources to which the Author cites in the Article that the Journal is not able to locate. If the Author is unable to provide these sources, the Journal reserves the right to revoke publication of the Article.
6.3. The Author agrees to do all incorping of editorial changes on the Article by the assigned deadlines. If the Author fails to complete all editorial changes by the assigned deadlines, the Journal reserves the right to revoke publication of the Article.
6.4. The Author agrees to order, through the Pepperdine law library, all sources cited to in the Article that are not on file with the Pepperdine law library or Payson library. If the Author fails to order all sources not on file with either of the Pepperdine libraries, the Journal reserves the right to revoke publication of the Article.
6.5. Promptly after publication, the Journal shall give the Author, without charge ten (10) offprint copies of the Work and, if requested by the Author, additional copies at a cost to be determined.
7. 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.
Author _______________________________ Date ______________ (Signature)
Journal ______________________________ Date ___________________
(Faculty editor signature)