In consideration of the [Journal] (the “Journal”) reviewing the written submission of __, an Author ("Author") and considering same for possible publication, in order to avoid the consequences of any unauthorized use of written work submitted by any Student Author, and to provide for a license, the Journal and the Author hereby enter into the following AGREEMENT between the Author and the Journal:
Material submitted by the Author will be considered for publication by the Journal, and will be revised by the Author under the editorial guidance of the Journal editors.
The Author shall diligently fulfill the requirements pursuant to the editing process with the understanding that the Material submitted by the Author shall not be published by the Journal unless, in its final form, it is acceptable both to the Author and to the Journal.
The Journal shall have the following rights in all Material submitted by the Author in fulfillment of the Journal’s requirements and the exclusivity of one year provided for herein:
(a) The right to make any editorial changes in, or revisions of, the Material that the editors of the Journal deem necessary for publication, subject to the Student Author’s approval as provided in paragraph (2) hereof.
(b) Upon approval for publication, if any, by Journal, the Journal shall, for a period commencing upon such approval for publication and continuing for a period ending one year after the date the Material is first published in the Journal, have the exclusive license and right to print, sell, and distribute the Material printed in the Journal and thereafter, the Journal shall have a perpetual non-exclusive license.
(c) The right to reproduce, publish, sell, display and distribute the Material published in the Journal in all manners consistent with Journal administration.
(d) The right to authorize the republication and distribution of the Material through computerized legal research services, including but not limited to LEXIS and WESTLAW, and similar databases, in any language and in any country.
The Author represents and warrants that submitted Material has not been published before, constitutes original work, and to the best of his/her knowledge does not violate, in whole or in part, any existing copyright and that all Material substantially copied from other sources has been duly acknowledged as to such source, and either with permission from such source or in such manner as to constitute fair use. The Author also represents and warrants that to the best of the Student Author’s knowledge, the Material does not defame, invade the privacy of, violate the civil rights of, or otherwise infringe the proprietary or personal rights of any person.
Any reproduction or republication of the Material (or any part of version thereof) published in the Journal authorized by the Author at any time after the exclusive period provided for in paragraph (3)(b) hereof, other than a photocopied duplicate of an original printed copy, must bear the legend that the material first appeared in the [Journal], using a method of citation similar to the form set out immediately below:
Copyright 20xx by the [Journal] Reprinted by permission. This Note originally appeared at xx [Journal] xxx.
where xx indicates the volume number and year of publication, and xxx represents the page of the Issue on which the Material begins.
In accordance with paragraph (3)(b) hereof, during the one year period of exclusivity provided therein, the Author shall not, and shall not have the right to, publish or otherwise disseminate any Material selected for publication in the Journal (or any part of version thereof). During this period, Author shall not publish the Material, or any part or version thereof, in any other law review, scholarly publication, or otherwise, nor shall Student Author authorize any other party to do so, without the prior written permission of the then elected and acting Editor-in-Chief of the Journal, such permission not to be unreasonably withheld. After said one year period, the Journal’s license shall be non-exclusive and the Author may thereafter publish or disseminate the Material, subject to the requirements of paragraph 6 hereof.
The rights and license herein granted to the Journal shall be worldwide and perpetual. All rights not herein granted by the Author to the Journal and not inconsistent with the terms of this Agreement shall be retained by the Author.