Santa Clara Journal of International Law
From Copyright Experiences
SANTA CLARA JOURNAL OF INTERNATIONAL LAW
The following is an agreement (the “Agreement”) between:
Santa Clara Journal of International Law (the “Journal”)
and ___________________________ (the “Author”);
the Agreement governs ____________________________________________________________________________________________________________________________________________________________________________________________________________ (the “Work”).
1. Author's Grant of Rights a. Except as provided in Paragraphs 1(c) and 2(b), the Author grants to the Journal the rights to reproduce and distribute the Work in the Journal, in facsimile reprints or microforms, as a contribution to a collection published by the Journal, and by means of an Internet or Intranet site over which the Journal 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 Journal'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 Journal or two (2) years after execution of this Agreement, whichever is shorter, and shall be nonexclusive thereafter. c. The Journal'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 Journal, the Journal 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 Journal 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 Journal, the volume, the number of the first page, and the year of the Work's publication in the Journal. 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 the Author obtains the Journal’s permission which shall not be unreasonably withheld provided that such Work identifies the Author, the Journal, the volume, the number of the first page, and the year of the Work's publication in the Journal. 3. Publication by Others a. Unless the Author notifies the Journal in writing otherwise, the Work may be reproduced and distributed, in whole or in part, by nationally accredited law schools and nonprofit institutions for educational purposes, including, but not limited to, distribution to students, provided that the copies are distributed at or below cost and identify the Author, the Journal, the volume, the number of the first page, and the year of the Work's publication. b. The Journal 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 Journal, the volume, the number of the first page, and the year of the Work's publication in the Journal, and provided further that the Author has been notified by the Journal 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 Journal 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; 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; and v. The Author will not hereafter enter into any agreement or understanding with any person or entity, which might conflict with the rights granted to the Journal under this Agreement. 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 Journal, obtain written consent to such reproduction. 5. Litigation a. The Author, at his or her own expense, shall indemnify, defend and hold the Journal and its Editors free and harmless from any and all claims, damages, losses, costs, actions and expenses, including attorneys’ fees, arising from the publication of the Work in the Journal or the exercise of any rights granted pursuant to Section 1. The Author also agrees to indemnify and defend the Journal and its Editors for any expense incurred, including reasonable attorneys’ fees, in defending any action, claim, or suit alleging facts which, if true, would constitute a violation of the warranties contained in Section 4. The foregoing obligations are conditioned on the Journal: (i) giving the Author notice of the relevant claim, (ii) cooperating with the Author, at the Author’s expense, in the defense of such claim, and (iii) giving the Author the right to control the defense and settlement of any such claim. Notwithstanding the foregoing, this provision shall not apply to any and all claims that arise from the publication of any derivatives of the Works pursuant to Section 1 without the express knowledge and prior approval of the Author. b. If the Journal reasonably believes that the Work contains material which may infringe intellectual property rights not expressly granted in this Author Agreement, after having revision of the material by the Author, the Journal may, in its discretion, decline to publish the Work. c. The Journal 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 Journal. 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 Journal's reasonable costs and expenses incurred in the proceedings, and the balance shall be divided equally between the Author and the Journal. 6. Governing Law and Resolution of Disputes a. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The Author agrees to submit to jurisdiction in California and that any cause of action arising under this Agreement shall be brought only in Santa Clara County, California. THE PARTIES AGREE TO RESOLVE ANY DISPUTE RELATED TO, OR ARISING OUT OF, THIS AGREEMENT, OR THE RELATIONSHIP ESTABLISHED IN THIS AGREEMENT IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, THROUGH BINDING ARBITRATION PURSUANT TO THE RULES, THEN PERTAINING, OF THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RULES UPON WHICH THE PARTIES SHALL AGREE IN WRITING. THE PARTIES AGREE THAT THEIR PARTICIPATION IN ARBITRATION AND THE ENTIRE ARBITRATION PROCEEDING, INCLUDING BUT NOT LIMITED TO ALL STATEMENTS, DISCUSSIONS, CONDUCT, RULINGS, FINDINGS, OR DETERMINATIONS IN THAT ARBITRATION PROCEEDING OR RELATING TO IT, WILL BE CONFIDENTIAL, WILL CONSTITUTE SETTLEMENT NEGOTIATIONS UNDER RULE 407 OF THE FEDERAL RULES OF EVIDENCE, AND WILL NOT BE ADMISSIBLE IN ANY PROCEEDING OR ACTION OF ANY KIND FOR ANY PURPOSE, AND THAT NEITHER PARTY WILL INTRODUCE OR ATTEMPT TO INTRODUCE THE ABOVE IN ANY OTHER PROCEEDING OR ACTION. 7. Editing and Printing a. The Author authorizes the Journal to edit and revise the Work prior to electronic and print publication in the Journal. The Author shall approve any and all suggested revisions reasonably requested by the Journal within seven (7) days of submission of such request submitted in writing, via electronic mail, or by any other reasonable means. If the Journal does not receive such approval within seven (7) days from the submission of the request, the Journal shall have the right to make such revisions or not publish the Work. The Journal shall have the right to make any revisions necessary, in its discretion, to bring the Work into conformance with the standards of scholarly legal publishing. 8. Final Agreement This Agreement constitutes the sole agreement between the Author and the Journal 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.
SANTA CLARA JOURNAL OF AUTHOR: INTERNATIONAL LAW
BY:_________________________ ___________________________ AUDREY REDMOND (SIGNATURE OF AUTHOR) EDITOR-IN-CHIEF, VOL. 6
___________________________ (PRINT NAME OF AUTHOR)
___________________________ (DATE OF AGREEMENT)
Address: Address of Author: 425 El Camino Real Santa Clara, CA __________________________ 95050 Loyola Hall, Room 159E __________________________