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.