Ohio State Journal of Dispute Resolution
From Copyright Experiences
In consideration of the publication by the Ohio State Journal on Dispute Resolution (JDR) of the article, “article title” (the “Article”), by author name (“Author”), the JDR and the Author hereby agree as follows:
1. First North American Serial Rights. The Author agrees not to publish the Article in any other publication before its date of publication in the JDR without the express written permission of the JDR.
2. Publication Elsewhere. The Author warrants and represents that this Article has not been previously published in any form.
3. Later Issues. The Author acknowledges the right of the JDR to reproduce the Article or sections from it in any later compilation or collective work based on the JDR’s own publication.
4. Requests for Copyright Permission. Except as noted under Section 5 of this Publishing Agreement, in the event that authors, publishers, compilers of educational material, or other interested parties wish to print the Article in its entirety, the Author's permission must be obtained. In cases in which reprint permission is sought for relatively lengthy excerpts or full reprints from the Article, the JDR will notify the Author of the request. The Author assigns to the JDR the right to grant such permission if the JDR does not receive prompt (within ten (10) days) objection from the Author. The Author shall bear the risk that the address of record is insufficient. The Author recognizes the policy of the JDR to grant permission to third parties to use excerpts of reasonably short length without first notifying the Author of the request and without seeking the Author's timely objection.
5. Agreement with the Copyright Clearance Center, Inc. (CCC). Notwithstanding Section 4, the Author shall grant all rights to the JDR to add the Article to the JDR’s copyright protection agreement with the CCC. Pursuant to the JDR’s agreement with the CCC, the JDR grants non-exclusive Repertory Licenses to the CCC to reproduce this Article. In exchange, the CCC, among its other duties under the agreement with the JDR, monitors the compliance of the JDR’s copyright on this Article and collects royalties on behalf of both the JDR and the Author. In turn, the JDR shall promptly disburse to the Author forty percent (40%) of those royalties received (exceeding fifty ($50) dollars) by the JDR. Furthermore, the Author has the right to request of the CCC information regarding the royalty information with regard to this Article, provided that the Author submits a copy of this Publishing Agreement to the CCC. Submission by the Author of this Article expressly provides reasonable documentation supporting the Author’s claim of existing financial interest in the Article. Publication of this Article expressly provides reasonable documentation supporting the JDR’s financial interest in this Article.
6. Electronic Media. Notwithstanding Section 4, the Author grants to the JDR non-exclusive publication rights in the Article for electronic media, computerized retrieval systems, and similar means of electronic dissemination of information, including, but not limited to LEXIS, WESTLAW or the Internet, with the understanding that the JDR in its own discretion, will authorize the non-exclusive publication, reproduction, and distribution of the Article in qualified outlets.
7. Offprints. The Author assigns to the JDR the right to publish and sell individual offprints of the Article. The assignment does not diminish the Author’s own right to publish the Article elsewhere, after publication in the JDR, and to publish and sell offprints of the Article. Any publications subsequent to the JDR’s publication must include a citation to the JDR (including volume, page number and year). The format for the citation is more fully set forth in Section 12 of this Agreement.
8. Article Does Not Violate Privacy Rights of Third Persons. The Author warrants and represents that the right of privacy of any third person is not violated by the Author. The Author further warrants and represents that the Article does not contain any matter libelous or otherwise in contravention of the rights of any third person. All statements in the Article asserted as facts are true or are based upon reasonable research for accuracy.
9. Incorporation of Other Writings or Material. The Author warrants and represents that should the Author incorporate any writings, drawings, photographs, or other material either previously published or not, either of the Author’s own or of another artist or writer, the Author shall secure the proper and complete right to use the same in the Article and whenever requested by the JDR, deliver to the JDR, such permission.
10. Limited Rights to Change Article. The JDR grants the Author the right to make limited changes to the text, format, and footnotes (or endnotes) of the Article upon the completion of the Accuracy Check (“Acc-Check”). Upon completion of the Acc-Check stage and after the author has made any limited changes the Author feels necessary, the Author agrees not to make any major changes that affect the substance of the Article. Major changes affecting the substance of the Article include, but are not limited to, the re-drafting, addition or deletion of text that changes any portion of the Article including the substance and format of the text, the footnotes (or endnotes), or any other portion of the Article. In no event shall the Author make new changes after he or she has reviewed the galleys of the Article. The JDR reserves the right to waive this section (Section 10) in cases where the JDR finds extreme hardship or other mitigating circumstances brought to the JDR’s attention by the Author.
11. Right to Postpone or Revoke Publication. If, in the editing process, the JDR finds that major changes (Section 10) affecting the substance of the Article need to be made in order to make it of publishable quality, the JDR reserves the right to postpone publication of the Article or, in extreme cases, revoke the publication agreement.
12. Copyright Permission Byline. The Author agrees that in making use of the rights reserved by the Author, the Author will credit the JDR with first publication by using a phrase such as "Originally published at volume number OHIO ST. J. ON DISP. RESOL. ___ (publication year)."
________________________ ________________ Signature Date