I, [AUTHOR] (the “Author”), the author of the article entitled [TITLE] (the “Work”), and [ ] (the “Association”) hereby agree as follows:
1. Publication by the Association
The Association shall have and hereby is granted the right to publish the Work and the Association hereby agrees to publish the Work as edited pursuant to Paragraph 3. The Association is also hereby granted the authority to authorize the inclusion of the Work on computerized retrieval services and other electronic media.
When the Work is published in [the periodical], the copyright and all rights appertaining to the Work will belong to the Association as of that date.
3. Editing and Printing
a. The Author authorizes the staff of the Association to edit and revise the Work prior to publication. The Work shall not be published by the Association unless it is acceptable in its final form to both the Author and the Association.
b. Notwithstanding any provision to the contrary, the Association shall have the right to conform the Work to the latest edition of the Bluebook and the Chicago Manual of Style. This clause shall not prejudice the Author’s right to suggest alternative interpretations of the appropriate rules or to request a departure from these rules.
c. One of the instances in which the Association may find the Work unacceptable in its final form within the meaning of Paragraph 3(a) is if the word count exceeds 115% of the Work’s word count as of the date of acceptance of this Agreement by the Author. The word count shall include footnote text and shall be determined by Microsoft Word’s “word count” function. In such cases, the Association shall have the right, subject to Paragraph 3(a), to edit the piece down to that length, or to decline publication altogether.
d. Promptly after publication, the Association shall give the Author (or the authors jointly, if the Article has more than one author) a total of twenty (20) offprint copies of the Article without charge along with two (2) copies of the Journal and, if requested by the Author, additional copies at a cost to be determined.
4. Author’s Representations
a. The Author warrants that to the best of the Author’s knowledge:
i. The Author is the sole or joint author of the Article and has the power to convey the rights granted in this Agreement;
ii. The Work has not previously been published, in whole or in part, except as follows:
iii. The Work does not infringe the copyright or property right of another; and
iv. The Work does not contain matter that is defamatory, violates another’s civil right, right of privacy, right of publicity, or other legal right, or is otherwise unlawful.
b. If the Work reproduces any textual or graphic material that is the property of another for which permission is required for reproduction, the Author shall, if requested by the Association, obtain written consent to such reproduction.
5. Final Agreement; Choice of Law
a. This Agreement constitutes the sole agreement between the Author and the Association with respect to publication rights, copyright, and republication rights relating to the Work. Any modifications of or additions to the terms of this Agreement shall be in writing.
b. This Agreement shall be governed by the law of New York, as shall all disputes arising under or relating to this Agreement.
[AUTHOR NAME] Author
Accepted for the Association: