University of Baltimore Law Review
From Copyright Experiences
On behalf of the University of Baltimore Law Review, I would be more than happy to forward you a copy of our current author agreement. If you have any questions, please feel free to contact me via email or by phone.
Heather Welch Editor-in-Chief, 2009-2010 University of Baltimore Law Review
University of Baltimore Law Review University of Baltimore School of Law 1420 N. Charles Street Baltimore, Maryland 21201-5779 (410) 837-4489
AUTHOR AGREEMENT The following is an Author Agreement (the “Agreement”) by and between _________________ (the “Author”) and The University of Baltimore Law Review (the “Law Review”), governing the work written by the Author, currently titled _________________________________ (the “Work”). 1. Author’s Grant of Rights
a. Except as provided in Paragraphs 1(c) and 2(b), the Author grants to the Law Review the rights to reproduce and distribute the Work in the Law Review, in facsimile reprints or microforms, as a contribution to a collection published by the Law Review, by means of an Internet or Intranet site over which the Law Review exercises effective control, by means of a third-party online legal information provider, such as, but not limited to, LEXIS-NEXIS and Westlaw, and similar methods now known or later developed.
b. The Law Review’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 Law Review and shall be nonexclusive thereafter.
c. The Law Review’s rights to reproduce the Work include 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 Law Review, the Law Review 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 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 similar to the Work to another periodical without the express written permission of the Law Review sooner than one (1) year after publication.
(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 such Work identifies the Author, the Law Review, the volume, the number of the first page, and the year of the Work’s publication in the Law Review.
3. Publication by Others
a. Unless the Author otherwise notifies the Law Review in writing, the issue of the Law Review in which the Work appears shall include a notice stating that the Work may be reproduced and distributed, in whole or 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 Law Review, the volume, the number of the first page, and the year of the Work’s publication in the Law Review.
b. The Law Review 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 Law Review, the volume, the number of the first page, and the year of the Work’s publication in the Law Review, and further provided that the Author has been notified by the Law Review of its intent to authorize such reproduction and distribution not less than thirty (30) days prior to the grant of such authorization and the Author has not within thirty (30) days after being notified given the Law Review 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 author, except in the case of a jointly written piece, of the Work and has the power to convey all the rights granted in this Agreement;
(ii) The Work has not been published previously, 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 rights, right of privacy, right of publicity, or other legal right, or is otherwise unlawful; and
(v) All statements in the Work asserted as facts are true or based upon reasonable research for accuracy.
b. The Author warrants and represents that should the Author incorporate any writings, drawings, photographs, or other material either previously published or not, either of the Author’s own work or of another artist or writer, the Author shall secure the proper and complete right to use the same in the Work and whenever requested by the Law Review, deliver to the Law Review, such permission.
a. If a claim is asserted against the Law Review as a result of the Author’s alleged breach of this Agreement or the warranties herein, the Author shall be promptly notified. The Author shall have the right to participate in the Law Review’s response to and defenses against such claim and the Law Review shall not settle such claim without the Author’s approval. If a settlement requires the Law Review to make a money payment, or a money judgment is rendered against the Law Review, the Author shall reimburse the Law Review for the amount of such payment or judgment, and shall pay the costs and expenses reasonably incurred by the Law Review in defending against the claim.
b. The Law Review 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 to the Law Review by the Author. The Author agrees to reasonably cooperate in the institution and maintenance of such proceedings. Damages recovered in such proceedings shall be applied first toward the Law Review’s reasonable costs and expenses incurred in the proceedings and the balance shall be divided equally between the Author and the Law Review.
6. Editing and Printing
a. The Author authorizes the Law Review to edit and revise the Work prior to publication in the Law Review. The Law Review reserves the right to withdraw publication of the Work if it finds that the Author refuses to work or communicate with the Law Review.
b. In no event shall the Author make substantive changes after he or she has reviewed the final proofs of the Work. The Law Review reserves the right to publish the Work in the event that the Author wishes to make substantive changes after the proofs have been created. The Law Review further reserves the right to waive this section (Section 6(b)) in cases where the Law Review finds extreme hardship, where there is a major court ruling that will substantively change the Work’s analysis, or if there are other mitigating circumstances brought to the Law Review’s attention by the Author.
c. If, in the editing process, the Law Review finds that major changes affecting the substance of the Work need to be made in order to make the Work of publishable quality and the changes will significantly affect the Law Review’s ability to meet its publication deadline, the Law Review reserves the right to postpone publication of the Work, or, in extreme cases, revoke the Agreement.
d. Promptly after publication, the Law Review shall give the Author, without charge, one (1) complimentary copy of the Law Review in which the Work is published and fifty (50) reprints of the Work.
Whenever this Agreement contemplates notice to the Author, such notice shall be sent to the Author’s last known address and phone number, and shall constitute sufficient notice under this Agreement. The burden is on the Author to keep the Law Review updated on his or her most current address and phone number.
8. Governing Law
The laws of the State of Maryland govern this Agreement, and any dispute arising directly or indirectly out of this Agreement. The Author agrees that the courts of the State of Maryland shall have jurisdiction in the event of any litigation involving this Agreement.
9. Final Agreement
This Agreement constitutes the sole Agreement by and between the Author and the Law Review with respect to the publication and copyright of the Work. Any modification of or additions to the Agreement, or the terms herein, must be in writing and signed by both parties.
Signature: ___________________________________ (Author)
UNIVERISTY OF BALTIMORE LAW REVIEW:
Name: University of Baltimore Law Review
Title: Editor in Chief