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An author holds the copyright to his/her journal article. In order to be published in a Berkeley Law journal the author must either:
An Author Agreement must be in place for each author prior to an article being published!
Author Agreements specify the rights, responsibilities, and expectations of both the author and journal.
If an author requests any material changes to any one of our agreements, contact the Journal Administrator immediately. Depending upon the nature and extent of the requested changes, the agreements may require review by the campus Business Contracts Office, which could delay the process.
No changes can be made to the Author Indemnification Clause, in which the authors must warrant that their article does not infringe on another party’s copyright. As the University did not write the article (and is therefore an act not under the control of the University) the University will not assume financial liability for defending an allegation of copyright infringement. The author’s indemnification clause mitigates this financial risk for the University.
The Licensing Agreement must be countersigned on behalf of the University’s after having been signed by the author. The Journal Administrator facilitates obtaining the countersignature on behalf of the journals.
If an author opts to retain the copyright, the journal must indicate this in the dagger footnote on the first page of the article, “Copyright © 20XX held by (author’s name).”
The Author Agreements are locked Word Docs. If an author contacts you wanting to make ANY changes to the default Author Agreement, contact the Journal Administrator immediately to discuss.
Per the UC Business Contracts Office, “indemnification means that one party agrees to protect the other party from financial loss that might arise out of the agreement, based on a claim or demand by someone who isn’t part of the agreement (a third party).”
As this relates to the Journal the author must warrant is that his/her article does not infringe on another party’s copyright. As the University did not write the article (and is therefore an act not under the control of the University) the University will not assume financial liability for defending an allegation of copyright infringement. The author’s indemnification clause mitigates this financial risk for the University
When emailing the author copyright agreement to the author, please incorporate the suggested cover letter text.
A word document of this text can be found on the Publishing and Productions tab of the Forms Library.
Dear AUTHOR,
The JOURNAL is pleased to publish your article entitled Article Title. To protect the University, as the publisher, and you, as the author, from unauthorized use of your article, we consider it essential to have the attached agreement signed and dated by you and returned as is listed below.
If you make material changes to the attached agreement, subsequent review will be required by the University’s Business Contracts Office. This additional review may delay the approval of your agreement, and may affect the publication of your article.
If you have any questions or concerns regarding the attached agreement, please contact JOURNAL EDITOR, at EMAIL ADDRESS. Otherwise, please sign and return the signed and dated agreement directly to the JOURNAL office at the address indicated on the signature page of the agreement.
Thank you,