Willamette Law Review
From Copyright Experiences
Thanks for your inquiry. I'm attaching a copy of WLR's publishing agreement for your reference. As a side note, we recently revised our agreement from one that provided an assignment of an author's copyright in total, to the current agreement that grants us a nonexclusive license to publish the author's contribution.
Please let me know if you have any other questions. Sincerely, Sara Cassidey Editor-in-Chief Willamette Law Review
WILLAMETTE LAW REVIEW Publishing Agreement
Dear [Author Name]:
We are pleased to have the privilege of publishing your [article/note/comment], [Title] (“Contribution”), in Volume [Number], Issue [Number], of the WILLAMETTE LAW REVIEW. Accordingly, the following terms of publication are submitted for your approval.
Terms of Publication
A. Copyright Assignment: You hereby grant the following rights encompassed by your copyright in the Contribution to the WILLAMETTE LAW REVIEW:
1. The nonexclusive right to publish, reproduce, distribute and use, in whole or in part, the final version of the Contribution in the WILLAMETTE LAW REVIEW, including but not limited to in (1) any medium now existing, such as copies of the issue in which the Contribution first appears and any bound volumes including such issue, individual reprints, electronic media, computerized databases and/or retrieval systems—for example WESTLAW, LEXIS/NEXIS, and HEINONLINE—and other similar forms and (2) any medium developed in the future, so long as the content of the Contribution so used remains unchanged. The WILLAMETTE LAW REVIEW will have no right to revise the Contribution without prior written permission from you.
2. The right to transfer or sublicense the rights granted in this agreement, in whole or in part.
All rights not otherwise granted in this agreement are retained by you.
B. Warranty: You warrant and agree that the Contribution is your original work; that it contains no matter which is defamatory or is otherwise unlawful, or which invades individual privacy, or which infringes any copyright or other proprietary right; and you agree to indemnify, defend, and hold the WILLAMETTE LAW REVIEW harmless against any claim to the contrary. Further, you warrant and agree that you have the right to grant WILLAMETTE LAW REVIEW the rights listed under Paragraph A above, and that no conflicting rights to the copyright to the Contribution have been previously assigned.
C. No Previous Publication and Required Permissions: You warrant and agree that the Contribution has not been and will not be published elsewhere, in whole or in part, prior to publication by the WILLAMETTE LAW REVIEW, and that no such agreement to publish is outstanding. You may, however, post working drafts of the Contribution on the Social Science Research Network (SSRN), BePress, or other similar services. Should the Contribution contain material that requires written permission for inclusion in the Contribution or for full exercise of the rights provided in Paragraph A above, including any such permission as is reasonably requested by the WILLAMETTE LAW REVIEW, such material will be promptly identified and such permission shall be obtained by you at the your expense from the owner and confirmed to WILLAMETTE LAW REVIEW prior to publication.
D. Acknowledgement: In any publication to be made pursuant to this agreement, the WILLAMETTE LAW REVIEW shall include an acknowledgement of the source of the Contribution and shall indicate that the Contribution is copyrighted by you. In any subsequent publication of the Contribution, in whole or in part, you shall include an appropriate citation indicating the Contribution was originally published by WILLAMETTE LAW REVIEW.
E. Preemption and Research Deficiencies: In the event of preemption or unforeseen research deficiencies, including but not limited to lack of adequate sources and/or citations in support of the propositions stated in the Contribution, the WILLAMETTE LAW REVIEW reserves the right to delay or cancel publication of the Contribution in the Volume and Issue indicated above, or to make other arrangements in its discretion, such as publishing the Contribution in a future Volume and Issue of the journal upon amelioration of the deficiencies, or to terminate this agreement, leaving no further obligation on either party.
F. Editing and Publication Decisions: The Contribution is subject to any technical revisions that, in our discretion, are necessary to meet our publication standards. Technical revisions include such matters as grammar, punctuation, spelling, Bluebook citation form, and stylistic conventions as adopted by the WILLAMETTE LAW REVIEW. Substantive changes, if any, will be made only with your approval. You will be given the opportunity to read and correct (1) the initial substantive edit, (2) the final edit made by the Editor-in-Chief, and (3) any other intermediate edits of your manuscript as we may mutually agree. However, all final copy is subject to the approval of the Editor-in-Chief of the WILLAMETTE LAW REVIEW. In the event that you should fail to make requested revisions that will ensure the publishable quality of the Contribution, WILLAMETTE LAW REVIEW reserves the right to delay or cancel publication of the Contribution in the Volume and Issue indicated above, or to make other arrangements in its discretion, such as publishing the Contribution in a future Volume and Issue of the journal upon receipt of the requested revisions, or to terminate this agreement, leaving no further obligation on either party. The WILLAMETTE LAW REVIEW has the right of final approval over publication, and no terms of this agreement or any other communication, oral or written, shall be interpreted to allow the author to demand publication over WILLAMETTE LAW REVIEW’s objection. Further, any statement of publication date by the Editorial Board, while they will make all good-faith efforts to comply, are not binding. The WILLAMETTE LAW REVIEW assumes no responsibility for the loss of, or damage to, the Contribution. Additionally, the WILLAMETTE LAW REVIEW is not responsible for failure to publish or to timely publish the Contribution for reasons beyond our control, such as computer failure or other acts of nature. Failure to comply with any terms of this provision is cause for termination of this agreement by either party without liability.
G. Timeliness: Any corrections that you make during the editing process must be returned to the WILLAMETTE LAW REVIEW in a timely fashion according to a reasonable and mutually agreed upon schedule. In the event that you should fail to meet such deadlines, the WILLAMETTE LAW REVIEW reserves the right to delay or cancel publication of the Contribution in the Volume and Issue indicated above, or to make other arrangements in its discretion, such as publishing the Contribution in a future Volume and Issue of the journal, or to terminate this agreement, leaving no further obligation on either party.
If you have any questions or concerns, please contact [Name], Editor-in-Chief, at [email] or (503) 370-6186. Otherwise, please indicate your agreement with the foregoing by signing and dating in the space provided below and returning this agreement to: WILLAMETTE LAW REVIEW, 245 Winter St. SE, Salem, OR 97301. You may also return this agreement by fax at (503) 375-5463. Upon receipt, we will return a counter-signed copy to you for your records. Thank you again for your Contribution to our journal.
WILLAMETTE LAW REVIEW
By: ______________________________ _____________________ [Name] Date Editor-in-Chief
______________________________ _____________________ [Author Name] Date