Scribd - SAMPLE Publishing Agreement UK2
Scribd - SAMPLE Publishing Agreement UK2
Whereas, the Author is the sole and exclusive owner and copyright holder of the Work; and
Whereas, the Author wishes to publish the Work in the online journal Common-place located at
www.common-place.org (“Common-place”), which is owned and operated by Common-place:
The Interactive Journal of Early American Life, Inc. (the “Licensee”); and
Whereas, the Author agrees to license the Work to Licensee for publication pursuant to this
Agreement.
Now, therefore, intending to be legally bound, in consideration of the foregoing and of the
mutual covenants and agreements contained herein, and subject to the satisfaction of the terms
and conditions set forth herein, the parties agree as follows:
Full credit and acknowledgement of the original source of the Work and the following copyright
statement will be published with the Work as follows: ©201# [author’s name here]. Printed
with the permission of author.
2. The Author represents and warrants (i) the originality, authorship, authenticity, and sole
ownership of all rights to the Work; (ii) that the Author has the right, title, interest and authority
to enter into this Agreement; (iii) that the Work has not been previously published in whole or in
part; (iv) that the Work has not been previously assigned, pledged, or otherwise encumbered; (v)
that, to the best of the Author's knowledge, the Work is not libelous; (vi) that publication of the
Work will not infringe upon any copyright, right to privacy, proprietary or any other right of any
person, corporation or other entity; (vii) that the Author has not agreed to give any interviewed
person[s] any editorial approval or control over the Work; and (viii) that any necessary
permissions will have been obtained for copyrighted material (including but not limited to text,
images, and graphics in any format and media (including images of works of art and archival
material)) that is contained in the Work that is owned by a third-party or whose holders require
permission for publication and that the Author agrees to deliver copies of the Permission
Agreement[s] for the third-party material with this executed Agreement. The Author agrees to
provide pertinent source materials to Licensee for the purpose of pre-publication review or in the
event of any legal action arising from the Work's publication.
3. The Author shall retain all right, title and interest in and to the Work, including without
limitation, copyrights, trademarks and any other rights and interests. This Agreement does not
convey to Licensee any right, title or interest in the Work, nor a portion thereof, but only
constitutes a license to use the Work as specified herein.
4. Licensee occasionally receives requests from third-parties who seek to reprint material from
Common-place in magazines, newspapers, textbooks, anthologies and other books, including
reprints and photocopies and by electronic means or distribution or any future means. Licensee
agrees to consult the Author before granting reprint permissions for any purpose, and to remit to
the Author any fees above the amount of $100 that may result from republication and
reproduction by third-parties.
"Reprinted from Common-place: The Interactive Journal of Early American Life, Inc., Volume
(vol), Number (no), (year), ©(year) by (Author's name). By permission of the publishers."
5. The Author agrees that at such time as the Work is included in any book, whether or not it be
entirely composed of the Author's own writing, Licensee will be credited as the first publisher
and the Work will be cited with its full title(s) as it appeared in Common-place. The Author also
agrees that, if the Work is used as the basis of a book, a motion picture, a videotape, or a
television or radio presentation, credit will be given to Licensee as the first publisher of the
Work.
6. The Author agrees that Licensee may use the Author's name, likeness and biographical
information to promote and publicize the Work in connection with the publication of the Work.
7. The Author shall indemnify, defend, and hold harmless Licensee and its officers, directors,
employees, agents, partners, contractors, licensees, assignees, and transferees from and against
any and all loss, damage, expense (including reasonable attorneys’ fees and legal costs),
recovery, or judgment arising from any breach or alleged breach of any of the Author’s
warranties in this Agreement.
8. This Agreement contains the entire and complete understanding of the parties and is made in
and shall be governed by Massachusetts law and can only be changed by an agreement in writing
signed by Licensee and the Author.
Please print out and complete the form, and return a scanned copy of the completed Agreement
by e-mail to Kathleen Foley at [email protected]. Doing so will confirm that you have
read the terms and conditions of this Agreement, that you understand them, and that you agree to
be bound by them. Please keep the completed copy of the agreement for your records.