Publication Agreement & Copyright License
This is a publication agreement and copyright license (“Agreement”) between [your name](“Author”) and Technoculture: An Online Journal of Technology in Society (“Journal”), a not for profit corporation domiciled in the State of Louisiana regarding a written manuscript currently entitled [Article Title] (“Article”).
LICENSE OF COPYRIGHT
1.1 The Author hereby grants to the Journal a royalty-free, worldwide nonexclusive license:
(a) to publish, reproduce, display, distribute, and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal;
(b) to copy and distribute individual reprints of the Article; and
(c) to authorize reproduction and distribution of the Article or an abstract or bibliographic citation thereof in electronic media and by means of computerized retrieval systems (such as EBSCOhost or the MLA Bibliography) and similar forms.
1.2 The Author retains ownership of all rights under copyright in the Article, and all rights not expressly granted in this Agreement. The Journal requests but does not require that all Articles be licensed under an appropriate Creative Commons license as determined by their Authors.
1.3 The Author grants to the Journal the power to assign, sublicense or otherwise transfer any and all licenses expressly granted to the Journal under this Agreement.
AUTHOR’S RIGHTS TO REPUBLISH AND DISTRIBUTE
The Author agrees to require that the Journal be given credit as the original publisher in any republication of the Article authorized by the Author. If the Journal authorizes any other party to republish the Article under the terms of sections 1.1 and 1.2 of this Agreement, the Journal shall require such party to ensure that the Author is credited as the Author.
EDITING OF THE ARTICLE
3.1 The Author agrees that the Journal may edit the Article as suitable for publication in the Journal. To the extent that the Journal’s edits amount to copyrightable works of authorship, the Journal hereby assigns all right, title, and interest in such edits to the Author.
3.2 The Journal agrees to publish the Article subject to the understanding that the Article will not be published in the Journal unless, in its final form, the Article is acceptable to both the Author and the Journal.
PARTIES’ COMMITMENTS
4.1 Journal’s Covenant
(a)The Journal’s acceptance of and agreement to publish the Article is conditioned upon the Journal’s ability to verify the Author’s research. If the Journal is unable to verify references, the references will be deleted. If the Journal is unable to verify a materially large number of references, the Journal may refuse to publish the Article.
(b) The Journal promises to send to the Author, within a reasonable time after the Article has been published, an electronic copy of the published version of the Article.
(c) The Journal agrees to properly affix the Author’s copyright notice to all reproductions of the Article.
4.2 Author’s Covenant
(a) The Author may not withdraw the Article from the Journal’s publication process after this agreement becomes effective.
(b) Once this Agreement becomes effective, the Author is committed to publishing the Article with the Journal. The Author agrees to comply with draft deadlines and make all reasonable and necessary efforts to work expeditiously with the Journal in the editorial and publication processes.
WARRANTIES
5.1 The Author represents and warrants that to the best of the Author’s knowledge the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person.
5.2 With the exception of properly cited materials found inside the Article, the Author warrants and represents that the Article is fully original to the Author. Any discovery of plagiarized material in the text of the Article will be grounds for the Journal’s refusal to publish the Article.
5.3 The Author represents and warrants that the Author has full power and authority to enter into this Agreement and to grant the licenses granted in this Agreement.
5.4 The Author represents and warrants that the Article furnished to the Journal has not been published previously. For purposes of this paragraph, making a copy of the Article accessible over the Internet, including, but not limited to, posting the Article to a database accessible over the Internet, does not constitute prior publication so long as the as such copy indicates that the Article is not in final form, such as by designating such copy to be a “draft,” a “working paper,” or “work-in-progress.”
5.5 The Author agrees to indemnify and hold harmless the Journal, the Editor, and their licensees and distributees, from any claim, action, or proceeding arising from breach of any warranty enumerated in this Agreement.
TERM
This Agreement shall remain in effect for as long as copyright protection subsists in the Article.
PAYMENT
7.1 The Author agrees and acknowledges that the Author will receive no payment from the Journal or the Publisher for use of the Article or the licenses granted in this Agreement.
7.2 The Journal agrees and acknowledges that the Journal will not receive any payment from the Author for publication by the Journal.
SEVERABILITY CLAUSE
Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement will not invalidate the remaining portions thereof, and they shall remain in full force and effect.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Journal with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement. No modification of or addition to this Agreement shall be valid or binding unless it is in writing and signed by the authorized representatives of the parties.
I HAVE READ AND AGREE FULLY WITH THE TERMS OF THIS AGREEMENT.
By: [Author’s E-Signature]
Date: [Date]
Author: [Name]
Address: [Address]
Telephone: [Telephone]
Email: [Email Address]
Fax: [Fax Number, if available]
By: Keith Dorwick (signed)
Date: [Date]
Editor, Technoculture
