UNIVERSITY OF CALIFORNIA, BERKELEY
BERKELEY • XXXXX • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO
SANTA XXXXXXX • SANTA XXXX
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
INSERT AUTHOR NAME HERE
THIS AGREEMENT is made and entered into this day of , 200 , by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, hereinafter referred to as “The University,” and INSERT AUTHOR NAME HERE, hereinafter referred to as “the Author.”
W I T N E S S E T H:
WHEREAS, the Berkeley Technology Law Journal (hereinafter “the Journal”) is pleased to publish your article entitled INSERT ARTICLE TITLE NAME HERE. So that you as Author and The Regents of the University of California, as publisher, may be protected from unauthorized use of the article’s contents, we require that you grant the University a nonexclusive license, including the exclusive right of first publication in English, prior to publication of the article in the Journal.
NOW, THEREFORE, the parties hereto agree as follows:
1. Author’s Grant of Rights: The Author hereby grants to University a nonexclusive license to publish the article in the Journal and to publish reprints of the article in its context within the Journal issue and in anthologies, in paper or electronic form, derived from the Journal or published by the University, and as part of such license you give the University the exclusive right of first publication in English. You promise to make future publishing agreements involving the article contingent upon appropriate publication credit being given to the Journal and to the University.
2. Author’s Reservation of Certain Rights: By retaining the copyright to the article, you are retaining the following rights among others: (1) to reproduce the article for use in your classroom and research activities in either paper or electronic form, and (2) to publish the article or permit it to be published by other publishers subject to certain rights given to the University above. Since with the exception of first publication rights the licenses the University requires are nonexclusive, they do not prevent you from giving or selling similar licenses to other publishers.
3. University’s Responsibility: The University is responsible for the dissemination of the Journal and its contents in various ways. The University has standing agreements with educational photocopying, secondary publishing and abstracting/indexing services which reach many people and institutions that do not necessarily subscribe to the Journal. Some of these agreements also encompass document delivery, CD-ROM and electronic reproduction and distribution of journal articles on the Internet or by emerging technology.
In order to include your article in these agreements and therefore reach a larger audience, we require a worldwide nonexclusive license from you to allow the University to do the following: to permit others to make photocopies of the article for classroom use only; to permit others to create abstracts of the article; and to permit secondary publishers to reproduce the article in microfilm or any computer-readable form, including electronic on-line databases and document delivery systems.
This license will endure for the entire term of copyright in the article in all media.
4. Author’s Remuneration: You will receive no payment from the University or the Journal for the use of your article, but will receive two free copies of the bound issue in which it appears and
twenty-five individual reprints of the article. You may order additional reprints at your own expense before the issue containing the article goes to press. Should the Journal receive any requests to reprint, reproduce or translate all or any portion of your article in another publication or medium, the Journal will forward them to you at the address listed below. For articles written by more than one author the Journal will forward such requests to the first listed author.
5. Author’s Warranty: You warrant the following: that you have the full power and authority to enter into this Agreement; that your work does not infringe any copyright, nor violate any proprietary rights, nor contain any libelous matter, nor invade the privacy of any person; and that no right in the work has in any way been sold, mortgaged, or otherwise disposed of, and that the work is free from liens and claims. The foregoing warranties apply only to the work submitted and revised by you and not to any revision made by the Journal or its assignees.
You warrant that if the article or any material within the article, in addition to the article’s text, such as images, photographs, illustrations, has been previously published or created in whole or in part, permission has been obtained to reproduce the article and any additional materials within the article in the Journal and also in any subsequent reuse or license of the article by the University including electronic rights.
You also warrant that any permissions’ fees associated with the reproduction of the article and/or any additional material in the article have been paid. You agree to submit a copy of the permission letter and receipt of any permissions’ fees paid as appropriate, in addition to text for credit lines, with the article manuscript.
6. Author’s Indemnification: You agree to hold the University, its officers, agents and employees harmless from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this agreement and further agree to indemnify and hold harmless the University, its officers, agents, and employees against expenses and attorneys’ fees that may be incurred in defense against each claim, action, or proceeding.
IN WITNESS WHEREOF, the parties hereto have hereinafter executed this Agreement on the day and year first above written.
AUTHOR The REGENTS OF THE UNIVERSITY OF CALIFORNIA
XXXXX X. XXXXXXX
Business Contracts Administrator
Please keep one copy of this agreement for your files and return a signed copy to:
Berkeley Technology Law Journal 000 Xxxxx Xxxx
Xxxxx Xxxx School of Law Xxxxxxxxxx xx Xxxxxxxxxx Xxxxxxxx, XX 00000-0000