Oklahoma City University Law Review
From Copyright Experiences
The following is an agreement between ________________, hereinafter referred to as the Author, and Oklahoma City University Law Review, Oklahoma City University, 2501 N. Blackwelder, Oklahoma City, Oklahoma 73106, hereinafter referred to as the Review, and governs “___________________________________________________,” referred to as the Work.
1. Author’s Grant of Rights
a. Except as provided in Paragraphs 1(c) and 2(b), the Author grants to the Review the rights to reproduce and distribute the Work in the Review, in facsimile reprints or microforms, as a contribution to a collection published by the Review, and by means of an Internet or Intranet site over which the Review 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 Review’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 Review or two (2) years after execution of this Agreement, whichever is shorter, and shall be nonexclusive thereafter.
c. The Review’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.
d. After the Work has been published in the Review, the Review 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(a).
e. The 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 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 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 Review 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 Review, the volume, the number of the first page, and the year of the Work’s publication in the Review.
(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 Review, the volume, the number of the first page and the year of the Work’s publication in the Review.
3. Publication by Others
a. Unless the Author notifies the Review in writing otherwise, the issue of the Review 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 Review, the volume, the number of the first page, and the year of the Work’s publication.
b. The Review 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 Review, the volume, the number of the first page, and the year of the Work’s publication in the Review, and provided further that the Author has been notified by the Review 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 Review written notice of the Author’s objection to such reproduction and distribution.
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 (joint) 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 right, 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, the Author shall, if requested by the Review, obtain written consent to such reproduction.
a. If a claim is asserted against the Review as a result of the Author’s alleged breach of this Agreement or the warranties herein, the Author shall be promptly notified. The Author shall have the right to participate in the Review’s response to and defenses against such claim, and the Review shall not settle such claim without the Author’s approval. If a settlement requires the Review to make a money payment, or a money judgment is rendered against the Review, the author shall reimburse the Review for the amount of such payment or judgment, and shall pay the cost and expenses reasonably incurred by the Review in defending against the claim.
b. The Review 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 Review. 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 Review’s reasonable costs and expenses incurred in the proceedings, and the balance shall be divided equally between the Author and the Review.
6. Editing and Printing
a. The Author authorizes the Review to edit and revise the work prior to publication in the Review, but the Work shall not be published by the Review unless it is acceptable in its final form to both the Author and the Review.
b. Promptly after publication, the Review shall give the Author, without charge 50 (fifty) 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 Review 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. ___________________________
Review.______________________________ Date. ___________________________