U.C. Davis Business Law Journal
From Copyright Experiences
Our authors retain their copyrights. We have the right to publish the final article first, but authors can share their drafts as long as they mark them as drafts. Authors also have to credit our journal.
If you have any questions about our copyright policy or why we have certain terms in our agreement, please let me know.
Sue Walther Jones
Senior Publications Coordinator
UC Davis Law Review
LICENSE TO PUBLISH
This license agreement is made and entered into this ____ day of ____________________, 200__, by and between The Regents of the University of California, a California corporation (“Publisher”) on behalf of its Davis campus School of Law, and [author’s name in capitals] ("Author").
W I T N E S S E T H :
WHEREAS Publisher publishes [name of journal] (“Journal”); and
WHEREAS Author owns the copyright to a work entitled "[title of submission]" ("Work"); and
WHEREAS Publisher desires to obtain from Author, and Author desires to grant to Publisher, a license to use Work in Journal;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and terms set forth, and for other good and valuable consideration hereby acknowledged, the parties agree as follows:
1. WARRANTY. Author represents and warrants that if Author is the sole author of the Work, the Work is Author’s own original work and creation (except such part as is taken from the public domain) and is not a copy of any other copyrighted work; that Author has not sold, assigned, leased, licensed or in any manner disposed of or encumbered the rights granted to Publisher; and that Author has the right to enter into this agreement.
If Author is not the sole author of the Work, Author represents and warrants that Author has obtained, at his/her own expense, written permission for the inclusion of any copyright-protected material in the work, whether text, illustration, or otherwise. Author shall be responsible for payment of all fees charged for the use of such material. Author shall deliver to the Publisher any documents relating to the granting of these permissions, and shall provide the Publisher with the correct acknowledgement or copyright notices to be printed with any quoted material.
Author agrees to defend, indemnify and hold University harmless from all loss, liability, damages and expenses, including reasonable attorney’s fees, by reason of breach of these representations and warranties.
2. GRANT OF RIGHTS.
a. Author may distribute working drafts of Work so long as all pages are watermarked “Draft” or similarly labeled and have a notation indicating that it is to be published in the [name of journal]. The final version may not be distributed prior to actual publication.
b. Author grants to Publisher transferable nonexclusive second and electronic rights to publish Work in any medium now existing or developed in the future, including as an e-book, so long as the content of Work remains unchanged.
c. Author retains all rights not otherwise transferred in this Agreement.
3. ACKNOWLEDGEMENT. a. In any publication to be made pursuant to this license, Publisher shall include an acknowledgement of the source of the Work and shall indicate that the Work is copyrighted by Author.
b. In any subsequent license Author shall require publication to include a statement indicating the Work was published by Publisher with appropriate citation to the original.
4. PRODUCTION EXPENSES. Except as otherwise provided within this Agreement, Publisher shall bear all expenses of production and advertising. Unless otherwise agreed, any alterations or corrections made by Author to Work other than the correction of Publisher errors will be charged to the Author at cost per line changed. Any charge arising under this clause shall be payable by the Author upon request by Publisher. Failure to make payment may result in termination of this contract without any liability or obligation to Publisher at Publisher’s sole discretion.
5. TERM. The term of this agreement shall be from the date last signed below for the life of the copyright in Work.
6. TIME IS OF THE ESSENCE. Time is of the essence for delivery of the work. Should Author fail or neglect to deliver the completed Work in form to Publisher’s sole satisfaction by the prescribed date, Publisher may, at its sole discretion, terminate this Agreement without any liability or obligation to Publisher, provided that Author may not publish the Work elsewhere without first re-offering it to Publisher on the terms of this Agreement.
7. NOTICE ADDRESS. All notices under this agreement shall be effective only if made in writing and delivered by personal service, by registered mail, or as otherwise may be required by law, as follows:
To Author: [author’s name and address]
To Publisher: UC Davis School of Law Martin Luther King, Jr. Hall, Journal of ______________________, 400 Mrak Hall Drive, Davis CA 95616
8. GOVERNING LAW. This agreement shall be construed and enforced in accordance with the laws of the State of California.
9. CONTINUATION OF OBLIGATIONS. This agreement shall bind and shall inure to the benefit of the successors and assigns of either party.
10. WAIVER OF RIGHTS. No delay or failure of either party in exercising any right, and no partial or single exercise of any right, shall be deemed to constitute a waiver of that right or any other right.
11. ENTIRE AGREEMENT. This agreement contains all of the understandings between the parties and may not be amended, altered or changed, except by an amendment in writing executed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
BY: Sue Walther Jones Publications Coordinator, DATE:
BY: [author’s name], DATE: