New Mexico Law Review
From Copyright Experiences
Publication Agreement This is an example of the agreement used by the New Mexico Law Review and is provided for information only. It is not intended to be used as a binding contract.
The following is an agreement between (author name) (Author) and the New Mexico Law Review (NMLR), and governs the publication of (article title) (Article) in the New Mexico Law Review, Volume 29 (1999).
I. Consent to Publish Author transfers and assigns a right of first publication to the NMLR. This right shall be exclusive for a period beginning when this Agreement is executed and ending either one (1) year after publication of the Article in the NMLR or two (2) years after the execution of this Agreement, whichever is shorter, and shall be nonexclusive thereafter. The exclusivity of this right during this period may only be altered through the express written consent of the NMLR. In such cases, where consent has been given, proper credit shall be given to the NMLR upon republication of the Article in whole or in part. Author further grants the NMLR the right and authority to have the Article put online with any computer assisted research service that it may choose. The ownership of the Article shall remain with Author.
II. Previous Publication Author guarantees that the material furnished for the Article has not been published previously, or if so published previously, in part or in whole, proper permission has been granted Author for this present publication. A copy of the previously published material must be furnished by Author to the NMLR for its records.
Author also guarantees that the Article is original and genuine, that Author is the sole author and owner of the Article, and that Author has the full authority to grant permission to the NMLR for publication.
III. Proofreading and Corrections Author gives the NMLR the right to read and edit the manuscript. In return, Author will be given adequate opportunity to read and correct the manuscript at galley proof stage, or earlier, at the option of the NMLR. If Author fails to provide the corrections deemed necessary by the date agreed upon with the NMLR, the publication process will proceed without Author's approval of the proof and Author's consent to do so will be deemed given.
Author is requested to keep and produce all materials or copies of sources thereof for all unusual materials not normally found in a legal library. Failure to comply may cause undue delay in publication, thus diluting the timeliness and effectiveness of the Article.
IV. Right of Withdrawal The NMLR reserves the right to withdraw the Article from the publication process at any time prior to publication due to specific reasons explicitly made known to Author. The reasons may include, but are not limited to, mootness, substantive errors of law, plagiarism, non-originality, or failure to meet deadlines.
Author reserves the right to withdraw this Article from the publication process only if the NMLR's corrections so drastically alter the content, style, and flavor of the Article, that the Article can no longer be deemed to be the work of Author. In this event, Author has the right to request the return of the original manuscript, but not the major revisions at issue in the withdrawal.
V. Submission of Article on Diskette Upon acceptance of the publication offer, Author shall submit a final version of the Article on a 3.5" diskette (MS-DOS, double-sided, high-density), in a compatible format as stated in the acceptance letter, to the NMLR as soon as possible, or by the date agreed upon between Author and the NMLR. Please contact the Law Review office if you do not have a compatible computer format.
VI. Reprints Once the Article has been published, the NMLR reserves the right to authorize and distribute reprints of the Article, either individually or in collection in the whole journal. The NMLR also reserves the right to authorize another scholarly or professional journal to reprint the Article in total in their respective publication. The NMLR issue shall include a notice stating that the Article 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 NMLR, the volume, the number of the first page, and the year of the Article’s publication.
Upon publication, Author will receive, without charge, twenty-five (25) reprint copies of the Article as published and two (2) copies of the full issue in which the Article appears. Authors will have the option to purchase additional article reprints, using the Author Reprint Order Form provided by the NMLR, no later than the date that corrections are due under Section III of this agreement.
VII. Scope of this Agreement No other agreements exist between the parties and this agreement represents all of the terms for the publication of Author's Article by the NMLR. Any additional agreements between Author and the NMLR regarding the Article must be in writing and signed by both parties.
VIII. Signatures ____________________________________ (Author)
____________________________________ (current EIC name)
Editor-in-Chief, 1998-99 New Mexico Law Review University of New Mexico School of Law 1117 Stanford Drive NE Albuquerque, NM 87131-1431