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Texas Tech Law Review

From Copyright Experiences

Attached is a copy of the Copyright agreement we send to our authors after we accept their article for publication.

Donna B. Jones
Secretary for: Law Review, Administrative Law Journal, and Estate Planning
& Community Property Law


PUBLICATION CONTRACT FOR [AUTHOR’S NAME]

The TEXAS TECH LAW REVIEW is pleased to undertake the publication of your article _____________________________ in Volume 41 of our journal. The following terms of publication are submitted for your approval:


1. Copyright License Agreement

In exchange for the TEXAS TECH LAW REVIEW’s agreement to publish your article, you agree to assign a nonexclusive license with the TEXAS TECH LAW REVIEW to:

(1) reproduce and distribute your article in the TEXAS TECH LAW REVIEW; (2) reproduce and distribute reprints of your article; (3) authorize others to reproduce and distribute your article with attribution to both yourself and the TEXAS TECH LAW REVIEW; (4) authorize others to include your article in computerized databases such as Lexis and Westlaw; and (5) reproduce and distribute your article in electronic media such as a website on the Internet.

Following publication in the TEXAS TECH LAW REVIEW, you retain the authority to authorize other sources to reproduce and distribute your article or to make derivative works from it. You agree, however, that if you so authorize such reproduction, you will contractually obligate the licensee and any sub-licensees to credit the first publication to the TEXAS TECH LAW REVIEW and provide written notice to the TEXAS TECH LAW REVIEW.


2. Reciprocal Licensing for Educational Use

You grant permission for copies of your article to be made for classroom use, provided that:

(1) copies are distributed at or below cost; (2) you as author and the TEXAS TECH LAW REVIEW as publisher are identified; (3) proper notice of copyright is affixed to each copy; and (4) the TEXAS TECH LAW REVIEW is notified of the article’s use.


3. Warranty

You warrant that the article is your original work; that it contains no matter which is defamatory or is otherwise unlawful, which invades individual privacy, or which infringes any proprietary right or any statutory copyright. You agree to indemnify and hold the TEXAS TECH LAW REVIEW harmless against any claim to the contrary.

Further, you warrant that you have the right to assign the copyright and that no portion of the copyright to your article has been assigned previously.


4. Previous Publication and Permission

You warrant that your article has not been published elsewhere, in whole or in part, and that no agreement to publish is outstanding. Should your article contain material that requires written permission for inclusion in your article, such permission shall be obtained at your own expense from the copyright proprietor.


5. Reservation of Right to Withhold Publication

The TEXAS TECH LAW REVIEW reserves the right to withhold publication in the event that any of the above warranties in paragraphs three (3) and four (4) are breached, or in the event of unforeseen research deficiencies, or in the event of your failure to fully cooperate with the TEXAS TECH LAW REVIEW during the editing process in accord with paragraphs six (6) and seven (7) below.


6. The Editing Process

Please retain copies of your original article, as the TEXAS TECH LAW REVIEW assumes no responsibility for the loss of, or damage to, any copies of the article you mail to us, either electronically or otherwise.

Your article is subject to any technical revisions that, in our discretion, are necessary to meet TEXAS TECH LAW REVIEW publication standards. Technical revisions include grammar, punctuation, spelling, and citation forms based on the Bluebook, 18th ed., Texas Rules of Form, 11th ed., and the TEXAS LAW REVIEW’s Manual on Usage, Style & Editing, 10th ed., and conventions as adopted by the TEXAS TECH LAW REVIEW. Substantive changes, if any, will be made only with your approval.

You will be given the opportunity to review the final edition after the TEXAS TECH LAW REVIEW completes the editing process. However, all final editorial and substantive changes are subject to the approval of the Executive Board of the TEXAS TECH LAW REVIEW. In the event that you should fail to make such changes that will ensure the publishable quality of your article, the TEXAS TECH LAW REVIEW reserves the right to withhold publication or make other arrangements in its discretion.


7. Timeliness

Any corrections that you make during the editing process must be returned to the TEXAS TECH LAW REVIEW in a timely fashion according to a mutually agreed upon date. In the event that you should fail to meet such deadlines within a reasonable period of time, the TEXAS TECH LAW REVIEW reserves the right to withhold publication or make other arrangements in its discretion.

If the foregoing terms are satisfactory, please sign and date this agreement. Please return one copy of the agreement to the TEXAS TECH LAW REVIEW and retain a copy for your records.


Sincerely,
Bryan L. Jepson
Lead Articles Editor
TEXAS TECH LAW REVIEW, Volume 41


Author’s Signature: ______________________________________________________

                                            [Author’s Name]

Date Signed: ______________________________________________________


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