Copyright Management

Sample Copyright Agreement
I. Amending Publisher Agreement

Sometimes changing a few words (exclusive to non-exclusive, for example) or substituting language for a particular section may be all that is needed. In many instances, publishers will accept the changes.

For a license to the Publisher (Option 1):

The original contract may read:

The author transfers exclusively to the publisher copyright (including all rights thereunder) in the work for the duration of copyright and all extensions and renewals thereof, in all languages, throughout the world, and in any form or medium now known or hereafter developed.

Cross out the above and substitute the following language:

The author grants to the Publisher exclusive first publication rights in the Work, and further grants a non-exclusive license for other uses of the Work for the duration of its copyright in all languages, throughout the world, in all media. The Publisher shall include a notice in the Work saying "© [Author's Name]. Readers of this article may copy it without the copyright owner's permission, if the author and publisher are acknowledged in the copy and copy is used for educational, not-for-profit purposes."

Source: Create Change

You might want to include other elements important to you, such as a deadline by which the publication must appear.

To transfer copyright but reserve some rights (Option 2)

If you decide you are willing to transfer your copyright but wish to retain certain rights for yourself, strikeout or modify any language that grants exclusive rights to the publisher. Alternatively, you might wish to add the following addendum to the agreement, as found on the Scholarly Communication website of the University of California:

Addendum to Publishing Agreement
Publisher:
Author:
Work:

This addendum modifies the terms of the publishing agreement referenced above. Notwithstanding any term in that agreement to contrary, the parties hereby agree that with respect to the work that:

The Author shall, without limitation, have the right to use, reproduce, distribute, update, create derivatives, and make copies of the work (electronically or in print) in connection with the Author’s teaching, conference presentations, lectures, other scholarly works, and professional activities.

The Author’s home institution shall, without limitation, have the right to use, reproduce, distribute, and make copies of the work (electronically or in print) in connection with teaching, digital repositories, conference presentations, lectures, other scholarly works, and professional activities conducted at the Author’s home institution with the Author’s written permission.

(Developed by the Copyright Management Center, Indiana University-Purdue University Indianapolis. Used with permission.)

University of Kansas has additional samples of contract language modifications.

II. Substituting Your Own Agreement

Rather than modifying the publisher's contract, you can also try substituting your own. Here is a sample proposed Create Change:

The following is an agreement between [the author(s)] and [the publisher/journal] concerning [title], a Work written by the Author(s).

Author's Grant of Rights

The author grants to the Publisher exclusive first publication rights in the Work, and further grants a non-exclusive license for other uses of the Work for the duration of its copyright in all languages, throughout the world, in all media.

The Publisher agrees to publish the Article in [journal title or edited volume title].

The Publisher shall include a notice in the Work saying "Copyright [Author's Name]. Readers of this article may copy it without the copyright owner's permission, if the author and publisher are acknowledged in the copy and copy is used for educational, not-for-profit purposes."

Author's Ownership of Copyright

Copyright in the work remains with the author.

Warranty of Authorship

The Author warrants to the Publisher that the Article is original and that he/she is the sole author and has the full power to make this agreement. The Author indemnifies the Publisher against any losses and other expenses, including reasonable attorney's fees, after final judgment of any claim or action against any of all of these warranties.

Source: Create Change

Other Sample Contracts:

SPARC Author Addendum

From Association of Learned and Professional Society Publishers (ALPSP).

The American Association of Law Schools (AALS) Model Author/Journal Agreement.

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