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University of Missouri – Kansas City

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PUBLICATION AGREEMENT AND COPYRIGHT LICENSE

TO:

FROM: UMKC Law Review

           University of Missouri – Kansas City
           School of Law
           5100 Rockhill Road
           Kansas City, Missouri 64110-2499

Title of Work: ____________________________________________________________

LICENSE OF COPYRIGHT—In consideration of publication in the UMKC Law Review of the above-titled article (hereinafter the “work”), the above-mentioned author grants the UMKC Law Review a nonexclusive license of copyright consisting solely of the following rights:

to publish the work one time in the UMKC Law Review;

to republish the work on microfilm and microfiche copies of the UMKC Law Review;

to retain any fees that it receives for any publication in accordance with any of these rights;

to publish, reproduce, transmit, distribute, and sell the work in WESTLAW, LEXIS, or any other computer-assisted research system or digitized database or service with which the Law Review has or develops an agreement so long as the publication credits the author and contains notice of the author’s retention of copyright. Such rights shall be non-exclusive and shall continue in perpetuity.

AUTHOR’S RIGHT TO REPUBLISH

Except for those rights granted above to the UMKC Law Review, the author retains the copyright and all other rights in the work. The UMKC Law Review agrees to make all reasonable effort to refer all requests for copyright permission to the author.

In no case, however, may any subsequent print version of the work be published by another publisher within six months of the actual publication date of the work in the UMKC Law Review without express written consent of the Law Review.

GRANT OF RIGHTS—As a condition of publication, the author hereby grants and assigns the following rights and privileges in the work exclusively to the UMKC Law Review:

the right to request reasonable and/or necessary editorial changes in the work, including, but not limited to, adding footnotes;

the right to request compliance with mutually agreed upon deadlines, and to request sources not available at UMKC Libraries or through inter-library loan;

the right to terminate the publication agreement should the author violate the plagiarism policy of the UMKC Law Review or any of the enclosed rights, duties and/or warranties. The UMKC Law Review considers plagiarism to be the intentional, knowing, reckless, or negligent use of another person’s words, phrases, citations, ideas, arguments, or organization (1) in a manner that improperly creates the impression that they originated with the writer or (2) otherwise without proper attribution.

the right to publish subsequent errata sheets or notifications of errors as reasonably determined necessary in the discretion of the UMKC Law Review’s board of editors.

WARRANTIES

The author represents and warrants that the work 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 UMKC Law Review against all such claims. In no event shall the UMKC Law Review be obligated to publish a work which, in its sole opinion, may subject it to any claim from a third party.

The author represents and warrants that he or she has full power and authority to enter into this agreement and to grant the rights granted in this agreement. The author guarantees that the article furnished to the UMKC Law Review has not been published previously. The author agrees to hold harmless the UMKC Law Review 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.

The UMKC Law Review promises to make a good faith effort to publish the work in a timely manner.

SUBSEQUENT PUBLICATION—The author promises to make reasonable efforts to ensure that subsequent publication of the work bears the legend, “Originally published at XX UMKC L. Rev. YY (ZZZZ).”

  * “XX” = volume, “YY” = page number, “ZZZZ” = year.

AUTHOR’S REVIEW—The UMKC Law Review will provide the author with an error sheet showing changes made during the editing process. At that time, the author agrees to make best efforts at making any final changes within the deadline requested by the Law Review. The UMKC Law Review retains the right to make the final determination regarding citation format. The author retains the right to make final determinations concerning substantive content.

MISCELLANEOUS

Should any term or provision of this agreement be found to be invalid or unenforceable, such finding shall in no way affect the validity or enforceability of the remaining portions of the agreement.

The failure at any time or times hereafter to require strict performance by any party of any of the provisions, covenants, representations, terms and conditions contained in this agreement or any other agreement, document, instrument hereafter executed by the parties, shall not waive, affect, or diminish any right of any other party thereafter to demand strict compliance and performance therewith.

The parties agree that this agreement constitutes the entire and exclusive agreement between the parties pertaining to the subject matter contained within. This agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by the laws of Missouri.

                                            University of Missouri – Kansas City
                                            School of Law
                                            5100 Rockhill Road
                                            Kansas City, Missouri 64110-2499

Author: _____________________ By: __________________________

                                             Articles

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