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 ISSN 1559-9493

General Info: Sample Publication Agreement

This Publication Agreement (hereinafter referred to as “Agreement”), executed as of the date of the author’s signature based upon the signing of both parties at the end of the Agreement, is entered into by and between the Chicago-Kent Journal of Intellectual Property (hereinafter referred to as “Journal”) and ___________ (hereinafter referred to as “Author”).

NOW THERFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, and other good and valuable consideration, the nature and sufficiency which are hereby acknowledged: 

  1. The Author grants the Journal and the Chicago-Kent College of Law the exclusive right to publish, reproduce, distribute, and use, and to authorize the publication, reproduction, distribution, and use of the article_________________________” (hereinafter referred to as “Article”) either separately or as a part of a collective work.  This right covers, but is not limited to, the electronic media and computerized retrieval systems in which the article first appeared, printed copies of a bound volume may appear, individual reprints, collections of essays, all electronic forms of publication, the internet website on which the article appears, and any other similar forms of reproduction.
  2. The author grants the Journal and the Chicago-Kent College of Law, the right to transfer or sublicense the rights granted in this agreement.
  3. The author warrants that he has full power and authority to enter into this Agreement.
  4. The Journal promises, in good faith, to timely edit and publish the article in the next publication issue of the Journal in the year in which the article is submitted.  The Journal further promises to promptly and timely communicate with the author regarding the status of the Article.
  5. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making the waiver.
  6. The Author relinquishes all rights and claims for monies, compensation, and rights of any kind that currently exist or that may exist in the future, that in any way arise from the Journal’s publication, distribution, use, and copying of the Article.
  7. The inclusion of the Article in no way limits the Author’s ability to copy, distribute, and reprint the Article after the Article has been published by the Journal.  The Author promises, however, not to cause the Article to be published by others until the Journal publishes the Article or twelve (12) months from the date of this agreement, whichever occurs first.  Any subsequent publication should included an acknowledgment substantially in the form as the following:  “Reprinted from the Chicago-Kent College of Law Journal of Intellectual Property, VV Chi.-Kent J. Intell. Prop. PPP (YYYY)” where VV is the Volume Number of the article, PPP is the page number of the article, and YYYY is the four-digit year of the volume and shall provide a link to the Journal’s website at http://jip.kentlaw.edu/.
  8. The Journal reserves the right to withdraw from this publication agreement under one of the following two conditions: Discovery during the editing process (1) of ethical improprieties with the work, or (2) that the work inaccurately portrays current substantive or procedural law.
  9. Under no circumstances shall the Journal be liable for any special, incidental, or consequential damages that are directly or indirectly related to the Article or this agreement, including without limitation loss of revenue, or anticipated profits or lost business, even if the Journal has been advised of the possibility of such damages.
  10. This Agreement may be executed in counterparts.  Signatures on separate originals shall constitute and be of the same effect as signatures on the same original.  Electronic and faxed signatures shall constitute original signatures.
  11. This Agreement constitutes the entire agreement between the Author and the Journal pertaining to its subject matter, and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties.  No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by all parties.

WITNESS OUR SIGNATURES

           

                                                          _______ day of _____________, 200_

          AUTHOR

 

          _________________________        _______ day of _____________, 200_

          __________________, Editor-In-Chief

          Chicago-Kent Journal of Intellectual Property

          Chicago-Kent College of Law

 

© 2005-2006 Chicago-Kent Journal of Intellectual Property