University of Illinois Law Review
From Copyright Experiences
Here's my agreement with the University of Illinois Law Review.
PUBLICATION AGREEMENT AND COPYRIGHT LICENSE
This is a publication agreement and copyright license (“Agreement”) between A. Michael Froomkin and Mark. A. Lemley (“Author”) and the the University of Illinois Law Review (“Journal”), regarding a written work currently entitled “ICANN and Antitrust” (“Article”).
1. LICENSE OF COPYRIGHT
1.1 The Author grants to the Journal the nonexclusive right to publish, reproduce, distribute, and use the Article in any form, either separately or as part of a collective work, including but not limited to the nonexclusive right to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw and Lexis). The Author retains ownership of the copyright in the Article, and all rights not expressly granted in this agreement.
1.2 In addition to the nonexclusive rights granted above, the Journal shall have the exclusive right to print publication of the Article for a period beginning when this Agreement is executed and ending six (6) months after publication of the work in the Journal.
1.3 The Author grants to the Journal the power to assign, sublicense or otherwise transfer any and all rights granted under this Agreement, provided the Journal does not modify the Article without permission from the Author.
1.4 The Journal agrees to properly affix the author's copyright notice to all reproductions of the Article, and not to modify the article or permit it to be modified without the Author’s permission.
2. AUTHOR’S RIGHT TO REPUBLISH
2.1 The Author retains ownership of the copyright in the Article, and all rights not expressly granted in this agreement, including the nonexclusive right to reproduce, distribute, adapt, perform, and display the Article in print or electronic form.
2.2 In no case, however, may any subsequent print version of the Article be published by another publisher within six (6) months of the actual publication date of the Article in the Journal without the express written consent of the Journal.
3.1 The Author represents and warrants that the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person. The Author agrees to indemnify and hold harmless the Journal against all such claims.
3.2 The Author represents and warrants that the author has full power and authority to enter into this agreement and to grant the rights granted in this agreement.
3.3 The Author guarantees that the article furnished to the Journal has not been published previously. The Author agrees to hold harmless the Journal and the Publisher, their licensees and distributees, from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph.
4.1 This Agreement shall remain in effect for as long as copyright protection subsists in the Article.
5.1 The Author agrees and acknowledges that the Author will receive no payment from the Journal or the Journal’s publisher for use of the Article or the rights granted in this Agreement. The Journal will publish the Article, and provide the Author with free copies of the bound issue in which the Article appears and free reprints of the Article as per its normal policy. The Author will have the opportunity to order additional reprints at the Author’s expense before the issue containing the Article goes to press.
5.2 The Journal agrees and acknowledges that the Journal will not receive any payment from the Author for publication by the Journal, nor shall any payment be due the Journal should the Author properly exercise any of the rights in Section 2 of this Agreement.
5.3 Neither party has any duty to account to the other for the proper exercise of any rights granted under this Agreement.
6. ENTIRE AGREEMENT
6.1 This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Journal with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
I HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE FULLY WITH THE SAME.
Signed: ___________________________________________ Date: ___________ Mark A. Lemley
Signed: ___________________________________________ Date: ___________ A. Michael Froomkin
Signed: ___________________________________________ Date: ___________ University of Illinois Law Review