Pepperdine Dispute Resolution Journal
From Copyright Experiences
Pepperdine Dispute Resolution Law Journal Author Agreement
This agreement, dated [INSERT DATE] is entered into by and between PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL (the “Journal”), hereinafter referred to as the “Publisher,” [INSERT AUTHOR’S NAME], hereinafter referred to as the “Author.”
The Publisher is engaged in the activity of publishing articles on dispute resolution for nationwide publication. The Publisher desires to publish an article entitled, [INSERT ARTICLE TITLE HERE] hereinafter referred to as the “Article,” which was written by the Author. The Author desires to have the Article published by the Publisher.
Author’s Grant of Rights
The Author hereby grants to the Publisher the right to publish the Article as a contribution to a collection published by the Publisher in the Journal, and in facsimile reprints or microforms, and by means of an Internet site that the Publisher exercises effective control, and also by means of a third-party online legal information provider, including, but not limited to, LEXIS and WESTLAW.
The Author hereby grants permission for copies of the Article to be made available for classroom use provided: (1) copies are distributed at or below cost; (2) the Author and the Publisher are identified; (3) proper notice of copyright is affixed to each copy; and (4) the user notifies the Publisher that such copies have been made.
The Author hereby grants the above rights without claim to royalties or other compensation.
Author’s Reservation of Rights
The Author hereby agrees not to publish the Article elsewhere without the express written authorization of the Publisher, which authorization shall not be unreasonably withheld. The Author may post the Article on the Social Science Research Network website (www.SSRN.com) prior to publication.
The Author may post the Article, in whole or in part, on an Internet website that the Author has effective control, provided that the website identifies the Author, the Publisher, the volume, issue, the first page the article appears on, and the year of the Article’s publication in the Journal.
Publication by Others
The Author hereby agrees that unless the Author notifies the Publisher in writing, the Publisher shall have the right to authorize another party to reproduce and distribute the Article, provided that any reproduction identifies the Author, the Publisher, the volume, issue, and first page of the Article, as well as the year of the Article’s publication by the Publisher.
Author’s Warranties and Undertakings
The Author represents and warrants to the Publisher that the Article is the Author’s original and unpublished work and that the publication of the Article will in no way infringe upon the copyright or violate the proprietary rights of any other person or entity.
_____________ Author’s Initials The Author agrees that any textual or graphic material that is the property of another for which permission is required, the Author shall, if requested by the Publisher, obtain written consent to such reproduction.
The Author shall indemnify and hold harmless the Publisher and Pepperdine University against any and all judgments, settlements, penalties, costs, and expenses, including attorneys’ fees, paid or incurred in connection with claims by any party that arise from publication of materials under this Agreement and are attributable to infringement or misappropriation of any copyright or other proprietary right of any third party.
The Author shall have the right to be promptly notified of any claims are asserted by a third party, and shall have the right to participate in the defense against any such claim.
The Publisher shall have the right, after giving notice to the Author, to initiate legal proceedings against persons or entities believed to be infringing upon the rights granted by the Author to the Publisher. The Author agrees to cooperate reasonably in the institution and maintenance of any such proceedings. Any damages recovered from such proceedings shall be applied first toward the Publisher’s reasonable costs and expenses, including but not limited to attorneys’ fees, and the balance shall be divided equally between the Author and the Publisher.
Editing and Publishing
The Author agrees to provide the Publisher with a “source file” containing any unusual sources not normally found in a law library, and to aid in the editing of the Author’s article. In addition, the Author agrees to provide any other sources at the request of the Publisher as needed throughout the publishing process. The Author agrees that if the Author is unable to substantiate any claims with authority, the Publisher may revoke its offer of publication.
The Author authorizes the Publisher to edit and revise the Article to bring it into conformity with the most current edition of The Bluebook: A Uniform System of Citation. However, the Article will not be published by the Publisher unless it is acceptable in its final form to both the Author and the Publisher.
The Publisher hereby agrees, promptly after publication of the Article, to give the Author, without charge, fifty (50) offprint, single-article copies of the Article and, if requested by the Author, additional copies at a cost to be determined.
This Agreement constitutes the sole agreement between the Author and the Publisher with respect to the publication and copyright of the Article. Any modifications or additions to this agreement shall be in writing and signed by the Author, and the Editor-in-Chief of the PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL.
The Author agrees that the Publisher may revoke its offer of publication or amend the publication date for good cause, including, but not limited to, misrepresentations as to the substance of this Agreement.
_________________________________________________ _____________________ Author’s signature Date
_________________________________________________ _____________________ Editor-in-Chief Date PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL