Osgoode Hall Law Journal (OHLJ) Electronic Rights Agreement Form
Osgoode Hall Law Journal (OHLJ) Electronic Rights Agreement Form
PUBLICATION AGREEMENT AND COPYRIGHT LICENCE
OSGOODE HALL LAW JOURNAL
OF YORK UNIVERSITY
Ignat Kaneff Building - Suite 2024
4700 Keele Street
Toronto, ON M3J 1P3
T: 416.736.5354
E: journal@osgoode.yorku.ca
This is a publication agreement and copyright licence (“Agreement”) between
This is a publication agreement and copyright licence (“Agreement”) between
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and the Osgoode Hall Law Journal (“Journal”), regarding a written work by the Author.
Title of Article:
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The Journal consists of a print version, an electronic version available on the Journal website, a searchable electronic database available on the Journal website, abstracts, offprints, and translations.
1. LICENCE OF COPYRIGHT
1.1. The Author grants to the Journal the worldwide nonexclusive right
1.1.1 to produce, reproduce, publish, distribute, communicate to the public by telecommunication, translate, adapt and use the Article in the Journal in any form whatever (including print or electronic media), and by any technology now known or hereafter developed, either separately or as part of a collective work,
1.1.2 to authorize third parties to reproduce, transmit and distribute the Article for the purposes of assisting with the publication of the Article in the Journal,
1.1.3 to authorize third parties to exercise those rights necessary to prepare and include the Article in research and document delivery services such as those offered by Westlaw, Lexis, Quicklaw (LexisNexis Canada), Hein Online and SSRN or their successors,
1.1.4 to authorize third parties to duplicate the Article for educational use, provided that (a) copies are distributed at or below cost, (b) the author(s) and the Journal are identified, and full correct citation is included, (c) proper notice of copyright is affixed to each copy, and (d) the Journal is notified of the use by email at journal@osgoode.yorku.ca.
1.2. The Journal expressly consents herein that the author may publish the Article on the author’s own website or the SSRN or similar scholarly forum that publishes working draft versions of academic papers, providing that the author indicates, on or in association with the first page of the article, that the article is scheduled for publication, or has been published, in the Journal. Should the Author wish to post a draft or unedited version of the article, the Author agrees to, if applicable, remove all Journal typesetting and/or headers prior to posting. The author further agrees to replace any draft version of the article from such websites with the published version upon receiving an electronic copy of the published version from the Journal.
1.3. The Journal agrees to supply the author with a final typeset version of the Article in PDF format. The Journal will make the PDF version of the Article available on the Journal’s publicly accessible website (www.ohlj.ca) at the same time as the print version of the Journal issue containing the Article.
1.4. The Author grants to the Journal the power to assign, sublicense, or otherwise transfer any and all rights granted under this Agreement to a successor of the Journal.
2. AUTHOR’S RIGHT TO REPUBLISH
2.1 The Author retains ownership of the copyright in the Article, including the right to produce, reproduce, publish, distribute, communicate to the public by telecommunication, translate, adapt, perform, display and use the Article in any form whatever (including print or electronic media), and by any technology now known or hereafter developed, subject to those rights granted in this agreement.
2.2 The Author agrees that any re-publications in print, electronic, or other form shall include a notice on the first page or associated with the first page of the article specifying that the first publication of the article was in the Journal and providing a full citation to the print and/or electronic volume and issue. The Author agrees that the publication of any work that is substantially similar to the Article shall include a notice on the first page or associated with the first page of the article specifying that a version of the Article was first published in the Journal and providing a full citation to the print and/or electronic volume and issue.
3. WARRANTIES
3.1 The Author represents and warrants that the Article is original and that the Author has obtained all necessary permissions to republish any copyrighted material contained in the article.
3.2 The author represents and warrants that the Article is not unlawful, including, but not limited to, that the Article does not defame any person, does not invade the privacy of any person, does not constitute a breach of confidence, and does not in any other manner infringe upon the rights of any person.
3.3 The Author represents and warrants that the Author has full power and authority to enter into this agreement and to grant the rights granted in this agreement.
3.4 The Author represents and warrants that the Article furnished to the Journal has not been submitted for publication elsewhere, that no agreement to publish it is outstanding.
3.5 The Author agrees to indemnify and hold harmless the Journal, and Journal editors and staff, their licensees and distributees, from any claim, action, or proceeding arising from a breach of any of the Author’s warranties.
3.6 The Journal reserves the right to revoke this agreement unilaterally if the Article is found to contain plagiarized material or for breach of any of the Author’s warranties.
4. TERM
4.1 This Agreement shall remain in effect for as long as copyright protection subsists in the Article.
5. PAYMENT
5.1 The Author agrees and acknowledges that the Author will receive no payment from the Journal for use of the Article or the rights granted in this Agreement. The Journal will publish the Article, and provide the Author at no charge with a copy of the bound issue in which the Article appears and offprints of the Article as per its normal policy.
5.2 The Journal agrees and acknowledges that the Journal will not receive any payment from the Author for publication by the Journal, nor shall any payment be due the Journal should the Author properly exercise any of the rights in Section 2 of this Agreement.
6. APPLICABLE LAW
6.1 This Agreement shall be governed by the applicable laws of Ontario and federal laws of Canada.
7. SEVERABILITY
7.1 In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired in such a manner that the original intent of the parties as set out in this Agreement is preserved to the greatest extent possible.
8. ENTIRE AGREEMENT
8.1 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 agreement, statement, or promise not contained in this Agreement shall be valid or binding.
I HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE FULLY WITH THE SAME.
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