Annual Report 1998
Copyright Transfer Forms for AHR, Perspectives, and Pamphlets
Sample is for the American Historical Review
We would like to offer you an explanation of copyright law and our specific requests concerning your article. Attached for your signature is a letter agreement and a short copyright assignment form, suitable for filing with the U.S. Copyright Office.
Under current copyright law, the copyright in the “fixed expression” of your ideas is yours unless you transfer it away by contract. By contrast, under the law, all articles published in the American Historical Review are presented in a certain order and form, which we, the American Historical Association have the right to reproduce and distribute. This is copyright of the “collective work as a whole,” i.e., each issue of the AHR.
As the copyright owner of your article, you possess a bundle of rights, which may be transferred individually or as a group. To enable the Association to make the broadest possible print and electronic use of your article (including responding to reprint requests) we request that you transfer your entire bundle of rights to us. In return, we will grant back to you a “nonexclusive” license to do or authorize the doing of reproduction and distribution of your article at any point after the article has appeared in our journal, including the right to reprint or authorize others to reprint your article in a collection of essays. We also grant you permission to reprint your article in photoreproductions (Xerox copies) made for or used by nonprofit educational institutions. Distributing your own offprints is granted as a personal use.
For reprint requests we receive from for-profit publishers, the AHA will hold the copyright and will ask the publishers for the standard $200 fee, which is equally divided between you and the Association. (Please note, any granting of permission by the AHA is subject to the restriction that reprints must be made in full and with all footnotes and other supporting materials, except by special arrangement with you.) It is the Association’s policy to release reprint rights to nonprofit users with no fee.
If you elect not to sign the enclosed letter agreement and assignment form and to retain the copyright on your article yourself, we will not be able to include your article in any future forms of the AHR other than print versions of the entire journal as a collective publication nor will be able to authorize reprints of your article.
The benefits that are available to you through transfer of your copyright to us: we service other persons seeking to reprint your article and facilitate wider dissemination of your approved version of your work, in print and electronic media. In other words, such persons can contact the publisher, us, and do not have to find you or your current address to get permission. If they do not seek permission or print or post your article in a distorted form, the Association can claim infringement of copyright.
re: Article Publication in the American Historical Review
Dear Author’s Name:
The American Historical Review (hereafter, the “Journal”), a scholarly journal published by the American Historical Association (hereafter, the “AHA”), is pleased to accept for publication your article/book review entitled “XXX” (hereafter, the “Article/Review”). The Journal intends to publish the Article in Volume XXX, no. XX, which is currently scheduled to be produced in XXX 1998 and distributed in XXX 1998.
The Journal and you agree to work together in good faith to resolve all differences regarding changes to the Article proposed by the Journal or you The Journal generally resoves all issues of citation style and spelling in accordance with the Chicago Manual of Style and the Random House College Dictionary, in additon to its own house style.
You represent and warrant that the Article is an original work, not previously published in English, and that you have the legal right to offer it for publication in the American Historical Review. In addition, you represent and warrant that the work does not contain materal that is defamatory, libelous, or obscene or materal that infringes the copyright or any other legal right, contractual or otherwise, of others. To the best of your knowledge, publication of the Article will not otherwise subject the Journal to liability. You shall defend, indemnify, and hold the Journal and the AHA, and any third party licensees, harmless against any loss, liablility, damage, cost or expense (including attorney’s fees) arising out of or for the purpose of avoiding any suit, proceeding, claim, or demand, or the settlement thereof, which may be brought or made against the Journal or the AHA by reason of a breach of any of the representations or warranties made by you. Each of the foregoing warranties and representations shall survive the termination of this Agreement.
Each issue of the American Historical Review is registered with the United States Copyright Office as a serial publication. Individual contributions (i.e., articles, book reviews) are not generally registered; however, the Journal will register your Article, in the name of the American Historical Association, upon your written request.
Subject to the nonexclusive license set forth below, you hereby transfer and assign to the Journal all right, title, and interest, including all copyright, in and to the Article. You agree to execute any documents that may reasonably be necessary to allow the American Historical Association to exercise, perfect, or enforce any of the above rights.
In return for the rights granted above, the AHA hereby grants you, at any point after the Article has appeared in the Journal, a nonexclusive, royalty-free license to: (a) reproduce, distribute, perform, and display (and authorize others to do the same) the Article alone or as part of a book, anthology, or other collection of essays (with the exception of another academic or scholarly journal), in print, electronic, or other media now known or hereafter devised; (including, without limitation, print, electronic databases, CD-ROM, and World Wide Web uses); (b) to make or authorize others to make photocopies or other similar reproductions of the Article for personal, classroom, or nonprofit educational use; and (c) to distribute your own offprints.
It is the Journal’s policy to permit educational institutions to reproduce and distribute articles free of charge for nonprofit teaching and research purposes. The Journal will seek a fee from for-profit publishers (currently, $200 per use), which fee will be shared equally between you and the Journal. All reproductions permitted by the Journal are required to reproduce the Article in full, along with all footnotes and other supporting materials, except with your express written permission.
The Journal will provide you with 100 offprints of your article free of charge. In addition, you may order additional reprints prior to publication, at a charge of $60 per set of 100. An offprint order form will be sent to you shortly.
This Agreement shall be governed and construed in accordance with the laws of the District of Columbia applicable to agreements which are executed and fully performed within the District of Columbia, without regard to the District of Columbia’s conflict of laws, principles, or rules.
The Parties shall negotiate in good faith to resolve any dispute or claim arising with respect to this Agreement. Should the Parties fail to promptly resolve their differences, the dispute shall be submitted to mediation under terms to be agreed upon by the Parties at the time. Should the Parties fail to agree upon a mediation procedure or should the mediation session be held and the parties fail to reach agreement, at the request of either party the dispute or claim shall be submitted to binding arbitration in the District of Columbia by a mutuallly agreeable third party in accordance with the rules of the American Arbitration Association then in effect.
This Agreement constitutes the entire understanding of the Parties and may be modified or terminated only by a written statement executed by both Parties. If any part of this Agreement is declared invalid or unenforceable by a court of competent jurisdiciton, the remaining provisons shall continue in effect.
Thank you for allowing us to publish your Article. We look forward to working with you. If you have any questions concerning this Agreement, or if I can be of service at any time during the publication process, please do not hesitate to contact me.
On behalf of the American Historical Association: On behalf of the Author:
Michael Grossberg, Editor Signature
Date: ________________________________ Name Printed:_________________
As the sole author of an article known as “XXX” (hereafter, “the Article”), I hereby transfer, grant, and assign to the American Historical Association all rights, including all copyright, in and to the Article, in all media now known or hereafter devised (including, without limitation, print, electronic databases, CD-ROM, and World Wide Web uses).
Social Security Number
I understand that I will have a nonexclusive license to reprint my article in any future book or collection of essays to appear after my article appears in the relevant AHR issue. I further understand that I will have a nonexclusive license to make photoreproductions of my article for personal, classroom, or nonprofit educational use.
for office use:
ISSUE and VOLUME:__________________________________
Last Updated: July 6, 2007 10:45 AM