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COPYRIGHT AND PUBLISHING AGREEMENT

 

The Indiana Law Review is pleased to accept for publication your article entitled:

__________________________________________________________

__________________________________________________________
(hereinafter "the Article").

We look forward to working with you to prepare the Article for publication.

The publishing industry has grown increasingly complex in recent years, particularly with the expansion of new technologies for the delivery of information. In order to better manage the rights associated with your Article, and to provide optimal access to it, we believe you , the Author, should hold the copyright to your Article, but that you should grant us, the Indiana Law Review, appropriate rights to use your Article for the benefit of the scholarly community. We believe that this arrangement will properly serve our shared interest in reaching the largest readership possible. We also believe that by securing certain in the Article, we will be better able to disseminate your Article through research databases, on the Internet or CD-ROM, and by other means that will exist in the years to come.

To that end, the parties to this Agreement agree as follows:

1. You shall retain the copyright and all other literary rights in and to the Article. This Agreement shall in no way limit your right to:

a. Reproduce, distribute, display, and transmit copies of the Article for your own personal, professional, or educational purposes, provided that each copy includes appropriate credit to the Indiana Law Review as the original published source of the Article.

b. Publish all or part of the Article in subsequent works of your own, such as a new article on the same subject or a book of which you are an author, provided that you credit the Indiana Law Review as the original published source of the relevant material.

For a period of one year after the date of first publication in the Indiana Law Review, any publication of the article in a collective work prepared by others shall require our permission.

2. You represent and warrant that the Article is your original work, that you own the copyright in its entirety, that it contains no material that infringes the copyright of any other person, that it has not been published previously, and that you have the full power and authority to enter into and perform this Agreement.

3. Although you will remain the copyright owner, you grant to the Indiana Law Review acting on behalf of the Trustees of Indiana University the irrevocable, nonexclusive rights to:

a. Reproduce, publicly distribute and display, and transmit the Article or portions thereof in any manner, including but not limited to journals, as part of collective works, as reprints, and through any medium now in existence or developed in the future including but not limited to print, electronic and digital media, computerized retrieval systems, and other formats. The Indiana Law Review may exercise these rights directly or by means of third-party information providers, including but not limited to Lexis and Westlaw or third-party publishers and printers.

b. Adapt, translate, and format the Article as the Indiana Law Review sees appropriate.

c. Grant permission to third parties to reproduce and distribute the Article for educational or research uses, provided that the Indiana Law Review requests of the third party that: (i) the author and Indiana Law Review are identified on each copy; and (ii) proper notice of copyright is affixed to each copy.

d. Use the author’s name and likeness in promoting the Article or the Indiana Law Review.

e. The Author grants the above rights without claim of royalties or other compensation.

4. The Indiana Law Review shall publish your Article in accordance with its customary publication schedule, policies, and formats as they may exist from time to time, including without limitation print and electronic versions of the Indiana Law Review. In support of higher education, and pursuant to the objectives of Memorandum 01-32 of the Association of American Law Schools, we currently use our best efforts to include a notice on each printed copy of the Indiana Law Review that is substantially as follows:

Copy right 20__, The Trustees of Indiana University. Except as may be expressly
provided elsewhere in this publication, permission is hereby granted to reproduce
and distribute copies of individual works from this publication for research, library,
and nonprofit educational purposes, provided that (i) copies are distributed at or
below cost; (ii) the author and Indiana Law Review are identified, and (iii) proper
notice of copyright is affixed to each copy. This permission is in addition to rights of reproduction granted under Sections 107, 108, and other provisions of the
U.S. Copyright Act.

Due to changing circumstances in the publishing industry and in copyright law, we must reserve the right to revise or delete this notice on future publications that include your Article. This copyright notice in the name of the university on the journal issue does not preclude your adding a copyright notice to your individual Article.

Executed as of the __________ day of _______________ , 20______.

________________________________
Author's signature

Indiana Law Review
on behalf of the Trustees of Indiana University

By: _________________________

Title: ________________________

Document Revised: September 2, 2004

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The Copyright Management Center is not part of University Counsel and is not legal counsel to the university or to any members of the university community. A mission of the CMC is to provide information and education services to help members of the community better address their needs. The information received from the CMC is not legal advice. Individuals and organizations should consult their own attorneys.

     

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