Widener Law Journal
From Copyright Experiences
I have attached a copy of our sample License Agreement that we request each author sign. For your information, when authors request such, we have tailored the Agreement to the author's particular needs. As the University of Miami must have considered, the Widener Law Journal is also looking to update its License Agreement to fit the current trends and desires of our authors, therefore, this Agreement will likely change in 2009.
Anthony M. Hoover
Business/External Managing Editor
Widener Law Journal, Volume 18
Cory S. Winter
EXECUTIVE MANAGING EDITOR
Colette L. Natcher
INTERNAL MANAGING EDITOR
Jason G. Gottesman
BUSINESS/EXTERNAL MANAGING EDITOR
Anthony M. Hoover
Allison Marie Miles
PENNSYLVANIA LAW EDITOR
Jennilee M. Kemling
IN Alyssa Adams
Erin R. Zimmerman Karli Gouse
WIDENER LAW JOURNAL
AUTHOR LICENSE AGREEMENT
THIS AGREEMENT, entered into by and between _________(“Author”) and the Widener Law Journal (“Journal”), governs the Journal’s publication of the Author’s manuscript entitled ________________________________ (“Article”).
1. Author’s Grant of Rights
a. Except as provided in Paragraph 2 below, the Author grants to the Journal the rights to publish, print, reproduce, and distribute the Article in the Journal itself, in facsimile reprints or microforms of the Journal, as a contribution to a collection published by the Journal, by means of any Internet site over which the Journal exercises effective control, and by means of any third-party online legal information provider, including but not limited to Lexis-Nexis and Westlaw.
b. The Journal’s rights as provided in Paragraph 1 (a) above shall be exclusive for a period beginning when this Agreement is executed and ending one (1) year after the date of first publication of the Article in the Journal or two (2) years after the date of the execution of this Agreement, with whichever period is shorter to be controlling, and the Journal’s rights shall be nonexclusive in perpetuity thereafter.
c. After or concurrent to the publication of the Article in the Journal, the Journal shall have the right to authorize any third party to reproduce and distribute the Article in any of the forms specified in Paragraph 1 (a) above.
d. The Author grants the above rights to the Journal without any claim of royalties or other compensation of any kind.
2. Author’s Reservation of Rights
a. The Author retains the rights to reproduce and distribute the Article, and to personally authorize others to reproduce and distribute the Article on an individual case-by-case basis, in any format, for the sole purpose of classroom use by students, provided that the Author receives no compensation of any kind.
b. The Author retains the rights to include the Article, in whole or in part, in another work of which the Author is the sole or joint author or sole or joint editor, provided that the Author does not submit the Article or any other work that is substantially the same as the Article to any other periodical for publication during the period of the Journal’s exclusive rights to the Article, as outlined in Paragraph 1 (b) above, and also provided that in the event the Author submits the Article or any other work that is substantially the same as the Article to any other periodical for publication after the period of the Journal’s exclusive rights to the Article has expired, then and in said event the Author must require that the following notice be included when the Article or the substantially similar work is published: “Originally published in Volume XVIII of the Widener Law Journal, Copyright 2008 . All rights reserved.”
c. The Author retains the rights to post the Article, in whole or in part, on an Internet or Intranet site over which the Author has effective control, or on the Social Science Research Network (SSRN) website, provided that such Article identifies the Author, the Journal, the volume, the number of the first page and the year of the Article's publication (or anticipated publication) in the Journal.
3. Author’s Warranties and Undertakings
a. The Author warrants that, to the best of the Author’s knowledge and belief:
i. The Author is the sole author of the Article and has the full power to convey all rights granted in this Agreement.
ii. The Article has not been published previously, in whole or in part, in any form, except as follows:
iii. The Article does not infringe upon the copyright, the intellectual property rights, or any other property rights of any other person or entity.
iv. The Article does not contain any matter that is defamatory, unlawful, or that violates the civil rights, privacy rights, publicity rights, or other legal rights of any person or entity.
b. If the Article reproduces or otherwise contains any textual or graphic material that is the property of another such that permission of the other party is required, the Author shall obtain written consent from said other party to such reproduction in the Article.
c. If the Article was posted on an Internet or Intranet site over which the Author has effective control, or on the Social Science Research Network (SSRN) website, or the Author posts the Article in accordance with Paragraph 2 (c) above, the Article shall be updated with any changes incorporated into the final form as referred to in Paragraph 5 (a) below.
a. If a claim is asserted against the Journal as a result of the Author’s alleged breach of this Agreement or any of the warranties contained in Paragraph 3 thereof, the Author shall be promptly notified by the Journal. The Author shall have the right to participate in the Journal’s response to and defenses against such claim, and the Journal shall not settle such claim without the Author’s written approval. In the event that a settlement requires the Journal to make a monetary payment, or in the event that a monetary judgment is rendered against the Journal, the Author shall fully reimburse the Journal for the amount of such payment or judgment, and the Author shall also pay all costs, fees, and expenses reasonably incurred by the Journal in the response to and defense against the claim.
b. After giving written notice to the Author, the Journal shall have the power to initiate legal proceedings against any persons or entities believed to be infringing upon the rights granted by the Author to the Journal in this Agreement. The Author agrees to cooperate reasonably in the institution and maintenance of such proceedings. Any monetary damages recovered in any such proceedings shall be applied first toward the Journal’s reasonable costs, fees, and expenses incurred in the proceedings, with the balance, if any, thereof to be divided equally between the Journal and the Author.
5. Editing and Printing
a. The Author hereby authorizes the Journal to edit and revise the Article prior to its publication in the Journal, pursuant to the Journal’s written policy governing Editing Procedures, the receipt and review of which is hereby acknowledged by the Author, and provided that the Article shall not be published by the Journal until and unless the Article is in a final form that is acceptable to both the Author and the Journal.
b. Promptly after publication, the Journal shall give the Author two (2) complementary copies of that issue of the Journal in which the Article is printed, as well as fifty (50) complementary publisher’s reprint copies of the Article. At the Author’s request made in advance of the printing of the Article, the Journal shall provide the Author with as many copies of that issue of the Journal in which the Article is printed as the Author so orders, at a cost per copy not to exceed the cost per copy charged to the Journal’s subscribers. At the Author’s request made in advance of the printing of the Article, the Journal shall provide the Author with as many publisher’s reprint copies of the Article as the Author so orders, at a cost per reprint not to exceed the cost per reprint charged to the Journal by its publisher.
6. Language of Agreement
Wherever used in this Agreement, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders.
7. Final Agreement and Amendment
a. This Agreement constitutes the final, complete, and exclusive agreement between the Author and the Journal with respect to the publication of the Article and all rights associated therewith.
b. Any amendments, additions, deletions, or other modifications to the terms of this Agreement shall be set forth in a writing signed by the parties thereto, or their successors if applicable.
Date: ________________________ __________________________________
Date: ________________________ ____________________________________
Cory S. Winter, Editor-in-Chief
Widener Law Journal