Encyclopedia Transfer of Copyright Agreement
Terms and conditions associated with the Transfer of Copyright Agreement
Copyright to the [above-listed] unpublished and original Entry or Essay submitted by the [above] author(s), the abstract forming part thereof, and any subsequent errata (collectively, the “Entry or Essay”) is hereby transferred to the Wiki Encyclopedia of Law Project (ENCYCLOPEDIA OF LAW) for the full term thereof throughout the world, subject to the Author Rights (as hereinafter defined) and to acceptance of the Entry or Essay for publication in a journal of ENCYCLOPEDIA OF LAW. This transfer of copyright includes all material to be published as part of the Entry or Essay (in any medium), including but not limited to tables, figures, graphs, movies, other multimedia files, and all supplemental materials. ENCYCLOPEDIA OF LAW shall have the right to register copyright to the Entry or Essay in its name as claimant, whether separately or as part of the journal issue or other medium in which the Entry or Essay is included.
The author(s), and in the case of a Work Made For Hire, as defined in the U.S. Copyright Act, 17 U.S.C. §101, the employer named [below], shall have the following rights (the “Author Rights”):
1. All proprietary rights other than copyright, such as patent rights.
2. The nonexclusive right, after publication by ENCYCLOPEDIA OF LAW, to give permission to third parties to republish print versions of the Entry or Essay or a translation thereof, or excerpts therefrom, without obtaining permission from ENCYCLOPEDIA OF LAW, provided the ENCYCLOPEDIA OF LAW-prepared version is not used for this purpose, the Entry or Essay is not republished in another journal, and the third party does not charge a fee. If the ENCYCLOPEDIA OF LAW version is used, or the third party republishes in a publication or product charging a fee for use, permission from ENCYCLOPEDIA OF LAW must be obtained.
3. The right to use all or part of the Entry or Essay, including the ENCYCLOPEDIA OF LAW-prepared version without revision or modification, on the author(s)’ web home page or employer’s website and to make copies of all or part of the Entry or Essay, including the ENCYCLOPEDIA OF LAW-prepared version without revision or modification, for the author(s)’ and/or the employer’s use for educational or research purposes.
4. The right to post and update the Entry or Essay on free-access e-print servers as long as files prepared and/or formatted by ENCYCLOPEDIA OF LAW or its vendors are not used for that purpose. Any such posting made or updated after acceptance of the Entry or Essay for publication shall include a link to the online abstract in the ENCYCLOPEDIA OF LAW journal or to the entry page of the journal. If the author wishes the ENCYCLOPEDIA OF LAW-prepared version to be used for an online posting other than on the author(s)’ or employer’s website, ENCYCLOPEDIA OF LAW permission is required; if permission is granted, ENCYCLOPEDIA OF LAW will provide the Entry or Essay as it was published in the journal, and use will be subject to ENCYCLOPEDIA OF LAW terms and conditions.
5. The right to make, and hold copyright in, works derived from the Entry or Essay, as long as all of the following conditions are met: (a) at least one author of the derived work is an author of the Entry or Essay; (b) the derived work includes at least ten (10) percent of new material not covered by ENCYCLOPEDIA OF LAW’s copyright in the Entry or Essay; and (c) the derived work includes no more than fifty (50) percent of the text (including equations) of the Entry or Essay. If these conditions are met, copyright in the derived work rests with the authors of that work, and ENCYCLOPEDIA OF LAW (and its successors and assigns) will make no claim on that copyright. If these conditions are not met, explicit ENCYCLOPEDIA OF LAW permission must be obtained. Nothing in this Section shall prevent ENCYCLOPEDIA OF LAW (and its successors and assigns) from exercising its rights in the Entry or Essay.
6. If the Entry or Essay was prepared under a U.S. Government contract, the government shall have the rights under the copyright to the extent required by the contract.
All copies of part or all of the Entry or Essay made under any of the Author Rights shall include the appropriate bibliographic citation and notice of the ENCYCLOPEDIA OF LAW copyright.
By signing this Agreement, the author(s), and in the case of a Work Made For Hire, the employer, jointly and severally represent and warrant that the Entry or Essay is original with the author(s) and does not infringe any copyright or violate any other right of any third parties, and that the Entry or Essay has not been published elsewhere, and is not being considered for publication elsewhere in any form, except as provided herein. If each author’s signature does not appear [below], the signing author(s) represent that they sign this Agreement as authorized agents for and on behalf of all authors who have the legal right to transfer copyright and that this Agreement and authorization is made on behalf of the same. The signing author(s) (and, in the case of a Work Made For Hire, the signing employer) also represent and warrant that they have the full power to enter into this Agreement and to make the grants contained herein.