Maryland Law Review
From Copyright Experiences
Maryland Law Review Copyright Agreement
This Copyright Agreement (“Agreement”) between ________________ (“Author”) and the Maryland Law Review (“the Journal”) governs [TITLE OF ARTICLE].
1. Author’s Grant of Rights
a. Except as provided in Paragraphs 1(c) and 2(b), Author grants to 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, Lexis-Nexis and Westlaw.
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 (2) years after execution of this Agreement, whichever is shorter, and shall be non-exclusive 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 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, with notification to the Author, to authorize another party to reproduce and distribute the Work in the forms specified in Paragraph 1 (a).
e. 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 Author.
b. 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 in 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 Author, the Journal, the volume, the number of the first page, and the year of the Work’s publication in the Journal. iii. To post the Work, in whole or in part, on an Internet or Intranet site over which Author has effective control or which is maintained by a third-party online legal information provider, provided that such Work identifies 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 Author notifies the Journal in writing or 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, but not limited to, distribution to students, provided that the copies are distributed at or below cost and identify 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 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 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 Author’s objection to such reproduction and distribution.
4. Author’s Representations and Warranties
a. Author represents and warrants that, to the best of Author’s knowledge: i. 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 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 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 the property of another for which permission is required, Author shall, if requested by the Journal, obtain written consent to such reproduction.
a. If a claim is asserted against the Journal as a result of Author’s alleged breach of this Agreement or the representations or warranties contained herein, the Journal shall promptly notify Author. Author shall have the right to participate in the Journal’s response to and defenses against any such claim, and the Journal shall not settle such claim without consulting Author. If a settlement requires the Journal to make a money payment, or a money judgment is rendered against the Journal, Author shall reimburse the Journal for the amount of any 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 Author, to initiate legal proceedings against persons or entities believed to be infringing the rights granted by Author to the Journal. 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 Author and the Journal.
6. Editing and Printing
a. 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 Author and the Journal.
b. Promptly after publication, the Journal shall provide to Author, without charge, 25 (twenty-five) offprint copies of the Work and, if Author so requests, additional copies at a cost to be determined. The Journal shall also provide to Author, without charge, a PDF version of the Work.
7. Complete Agreement
This Agreement constitutes the sole agreement between 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 must be in writing and acknowledged by both parties hereto. Author:_______________________ Date:_______________________ Journal:______________________ Date:_________________________