San Diego Law Review
From Copyright Experiences
SAN DIEGO LAW REVIEW CONTRACT FOR PUBLICATION
This contract is made by and between San Diego Law Review (“SDLR”) and Prof. Anonymous (“Writer”), for publication of the article, “Law and the Copyright” (“Article”) in the San Diego Law Review.
1) Publication: SDLR agrees to publish Article within a reasonable time from the date of this contract. Writer agrees to permit said Article to be published in SDLR. Writer further agrees that said Article has not been published elsewhere, and will not be published elsewhere without the express written consent of SDLR, except for the SSRN (electronic network).
Anticipated Volume/Number of SDLR: 45:2 Anticipated Date of Publication: May/June 2008
Writer recognizes that the “anticipated” date and volume represents the best judgment of SDLR at time of contract, and is for the convenience of the Writer. Following publication, SDLR shall provide Writer, at writer’s request, up to two (2) copies of the SDLR soft-cover issue in which Article appears, plus fifty (50) individually bound copies of the Article, at no charge. Additional reprints must be ordered before the book is ordered. The cost of any additional reprints will be incurred by the author.
2) Copyright: Upon execution of this contract, Writer’s copyright in the Article shall transfer to SDLR, and shall become the property of SDLR. If SDLR unreasonably fails to publish Article within two years, then said copyright shall revert to Writer. SDLR agrees that it will grant all requests to reproduce the Article, in whole or in part, either in print or by electronic means, made by any person or organization that wishes to use the Article, or any part thereof, in any educational or scholarly publication, or for any educational or scholarly purpose, and that it will not unreasonably withhold permission to reproduce the Article from any person or organization that wishes to use the Article in a commercial or profit making venture, including but not limited to reproduction by LEXIS and WESTLAW. In addition, SDLR agrees to permit Writer to excerpt or reproduce all or part of the Article in her own future work as often and to whatever extent she might desire, provided that in all such cases SDLR shall be clearly identified as the place of original publication.
3) Revisions: a) SDLR agrees to provide editorial support for the Article in order to maximize the quality of the Article. Editorial support shall include, but is not limited to, the following: 1. Assuring the accuracy of citations 2. Improving overall style and organization 3. Suggesting and/or undertaking certain textual additions or deletions b) Writer agrees to cooperate with the reasonable requests of SDLR in conducting necessary revisions. Such cooperation shall include, but is not limited to, the following: 1. Provide SDLR with copies of sources relied upon, so that SDLR may check the accuracy of all citations used in the Article. 2. Provide additional information and/or research relevant to the Article. a) Writer is responsible for tracking current developments in the law which are relevant to the subject of the Article. b) Writer will be expected to revise the Article so as to keep the Article consistent with current legal developments. 3. This responsibility will cease upon publication of the Article.
4) Writer Escape Clause: Writer may have difficulty complying with the editorial requirements of SDLR for publication of Article. In the event of such difficulties, the following procedure will be required: a) If, in the judgment of Writer, SDLR is making unreasonable demands of Writer, Writer shall so notify SDLR in writing. b) SDLR shall respond, in writing, within 30 days, explaining the position of SDLR. If SDLR determines that an accommodation of Writer’s interests is feasible, then SDLR will offer to make such accommodations. c) If Writer remains dissatisfied, Writer may withdraw the Article from consideration for publication provided that SDLR timely receives Writer’s Notice of Withdrawal. 1. Writer shall notify SDLR in writing of this decision. 2. Said Notice of Withdrawal shall be sent by certified mail. 3. Said Notice of Withdrawal shall be ineffective if received less than 180 days prior to the anticipated publication date as set forth in Section (1). 4. SDLR shall immediately respond in writing confirming SDLR’s receipt of Writer’s Notice of Withdrawal. Providing that the requirements of Section (3)(c)(3) have been complied with, the copyright in the Article shall revert to Writer and shall cease to be property of SDLR.
5) SDLR Escape Clause: SDLR retains the right not to publish the Article if, in the judgment of the SDLR Editorial Board, conditions arise that make publication adverse to the best interests of SDLR. Conditions which may adversely affect publication include, but are not limited to, the following: a) Preemption: New law and/or publication of substantially similar material may undermine the timeliness of Article, such that any contribution which the Article might make to the legal community is impaired. b) Failure to Cooperate with SDLR: Writer is expected to cooperate with any reasonable request made by SDLR which might expedite publication of Article, especially those specifically enumerated in Section (3)(b). Writer’s failure to comply with SDLR’s reasonable requests may result in the offer of publication being withdrawn. c) Plagiarism: An Article which contains plagiarized material will not be published. SDLR retains the sole right to determine whether an article evinces plagiarism. In the event that SDLR exercises this clause and withdraws the offer to publish Article, SDLR shall immediately notify Writer of the action taken. The copyright in Article shall revert to Writer and will no longer be the property of SDLR.
Anonymous Date Editor-in-Chief