Texas Journal of Women and the Law
From Copyright Experiences
I have attached our 2008-09 form of Author Agreement for your use in this project. Let me know if I can be of further assistance.
Jennifer Steiger Co-Editor in Chief, Texas Journal of Women & the Law
Texas Journal of Women and the Law Author Agreement / Copyright License
The following is an agreement between [AUTHOR], hereinafter referred to as the “Author,” and the Texas Journal of Women and the Law, hereinafter referred to as the “Journal,” and governing [ARTICLE TITLE], hereinafter referred to as the “Submission/Edited Work.”
a. This agreement refers to the original work that the Author submits to the Journal for publication consideration as the “Submission.”
b. This agreement refers to the published article resulting from the Journal’s work on the Submission as the “Edited Work.”
2. Author’s Grant of Rights
a. Except as provided in Paragraphs 2(c) and 2(d), the Author grants to the Journal the rights to reproduce, distribute, and publicly display the Edited Work in the Journal, in facsimile reprints or microforms, as a contribution to a collection published by the Journal, and by means of an Intranet or Internet 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. After the Edited Work has been published in the Journal, the Journal shall have the right to authorize another party to reproduce and distribute the Edited Work in the forms specified in Paragraph 3(b)(iii).
c. The Journal’s right to reproduce the Edited 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. The Journal also has the right to prepare abstracts based on the Edited Work.
d. The Journal’s right provided in 2(a) shall be exclusive for a period beginning when this Agreement is executed and ending one (1) year after publication of the Edited Work in the Journal or two (2) years after execution of this Agreement, whichever is shorter, and shall be non-exclusive thereafter.
e. The Author grants the above rights without claim of royalties or other compensation.
3. Author’s Ownership of Copyright and Reservation of Rights
a. The copyright in the Edited Work shall remain with the Author.
b. The Author retains the rights:
(i) to reproduce, distribute, and publicly display the Edited Work, and to authorize others to reproduce, distribute, and publicly display the Edited Work to students for classroom use at or below cost;
(ii) to include the Edited Work, in whole or in 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 written permission of the Journal within one (1) year after publication of the Work or two (2) years after the execution of this Agreement, whichever is sooner. If permission is granted by the Journal to publish such a work, the Author agrees to secure attribution to the Texas Journal of Women and the Law, including the appropriate volume and page numbers of its original publication, and the credit “Published originally in the Texas Journal of Women and the Law.” Further, the Author agrees to notify the Journal of the publication information for the newly published work.
(iii) to post the Edited Work, in whole or in part, on an Internet or Intranet site over which the Author has effective control, provided that such internet or Intranet site identifies the Author, the Journal, the volume, the number of the first page, the year of the Work’s publication in the Journal and the credit “Published originally in the Texas Journal of Women and the Law.”
4. Publication by Others
The issue of the Journal in which the Edited 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 Journal, the volume, the number of the first page, and the year of the Work’s publication.
5. 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 Submission/Edited Work and has the power to convey the rights granted in this Agreement;
(ii) the Submission/Edited Work has not previously been published, in whole or in part, except as follows:
(iii) the Submission/Edited Work does not infringe the copyright or property right of another; and
(iv) the Submission/Edited 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. The Author may be required to obtain prior written permission for any textual or graphical material that is the property of another for which permission is required, including copyrighted material, used in the Submission/Edited Work.
c. Upon request from the Journal, the Author agrees to give the Journal copies of any sources that are cited in the Submission, within a reasonable time after the effective date of this agreement, if the Journal is not able to find sources after reasonable attempts to locate them.
d. Upon request from the Journal, the Author will provide an abstract of the Work.
6. Litigation and Indemnification
a. If a claim is asserted against the Journal as a result of the Author’s alleged breach of this Agreement or the warranties herein, the Author shall be notified promptly. The Author shall have the right to participate in the Journal’s response to and defenses against such claims, and the Journal shall not settle such claim without the Author’s approval. If a settlement requires the Journal to make a money payment, or a money judgment is rendered against the Journal, the Author shall reimburse the Journal for the amount of such payment or judgment, and shall pay the cost and expenses reasonably incurred by the Journal in defending against the claim.
b. The Journal shall have the power, after giving notice to the Author, to initiate legal proceedings against a person or entities believed to be infringing upon 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.
7. Editing and Printing
a. Acceptance of the Submission by the Journal is contingent upon a favorable preemptive check. During the editing process, substantive changes to the text of the Submission will be subject to the approval of the Author. Revisions made to footnotes or other citations made in the Submission are subject only to the discretion of the Journal. The Author will be given an opportunity to read and correct the edited manuscripts and proofs. If, however, the author fails to return edited manuscripts or proofs to the Journal by the date set by the Journal, production and publication may proceed without the Author’s corrections. Alternatively, the Journal holds the absolute right to withhold publication of the Edited Work if reasonable deadlines are not met by the Author or if reasonable accommodation of changes cannot be mutually agreed upon.
b. Promptly after publication, the Journal shall give the Author, without charge, twenty-five (25) offprint copies of the Edited Work and, if requested by the Author, additional copies at a cost to be determined. The Journal shall also give the Author two (2) copies of the issue in which the work appears.
8. Final Agreement
This Agreement constitutes the sole agreement between the Author and the Journal with respect to the publication and copyright of the Edited Work. Any modifications of or additions to the terms of this Agreement shall be in writing.
______________________________ __________________ [AUTHOR NAME] Date Author
______________________________ __________________ Jennifer Steiger Date Co-Editor-In-Chief, 2008-2009 Texas Journal of Women and the Law
______________________________ __________________ Deanna Whitaker Date Co-Editor-In-Chief, 2008-2009 Texas Journal of Women and the Law
______________________________ __________________ Crystal Moore Date Managing Editor, 2008-2009 Texas Journal of Women and the Law