The agreement that we ask our authors to sign follows. This agreement is available in the public domain.
1. This Agreement sets forth the terms by which the Review will publish [insert title] (the “Article”), a piece authored by [insert name of author].
2. The copyright in the Article shall remain with you, and nothing in this Agreement shall be construed as an assignment of copyright to the Regents of the University of Michigan (the “University”) or the Review. Except as otherwise provided in this Agreement, all rights in the Article under the Copyright Act of 1976 are held by you.
3. You grant to the University, on behalf of the Review, a license to publish, reproduce, and distribute the Article in the Review and in any and all other media, now or hereafter known. This license shall be exclusive for a period of 18 months from the date of this Agreement, or six months from the date of first publication in the Review, whichever is shorter, and shall be nonexclusive for the remaining term of the copyright. Notwithstanding this section, you retain the right to post the Article on your web page or an open access online repository such as Social Science Research Network (SSRN) http://www.ssrn.com.
In all other cases, except as provided by paragraph 6, you must obtain the Review’s express written approval to publish the Article anywhere else during the period of the Review’s exclusive license.
4. You also grant the University, on behalf of the Review, a license to publish, reproduce and distribute the Article in LexisNexis, Westlaw, Hein Online, and similar aggregated online collections. Such license shall be non-exclusive and shall continue in perpetuity. You agree that the Review shall not pay you any part of any royalties it receives from Hein, LexisNexis, Westlaw, or any other aggregator.
5. You warrant the following, and understand that our acceptance of the Article is contingent on the accuracy of these warranties, as determined by the Review in its sole discretion:
a. that you are the sole Author of the Article and, as such, you are the sole individual whose permission is needed for publication of the Article pursuant to this Agreement;
b. that the Article is your original work and contains no plagiarism;
c. that you have the right to license the Article, under the terms described above, to the University on behalf of the Review;
d. that you have not made, and will not make, any agreement that would be in conflict with this one;
e. that the Article has not been previously published in whole or in part in printed form, and will not be published, in whole or in part, in any manner that would violate the terms of paragraph 3 of this Agreement;
f. that the Article does not defame any individual or entity, or infringe upon any individual’s or entity’s rights of privacy or publicity, or any individual’s or entity’s intellectual property or proprietary rights.
6. You agree that the issue of the Review in which the Article appears may be reproduced and distributed, in whole or in part, by nonprofit institutions for educational purposes, including distribution to students, provided that the copies are distributed at or below cost and that those copies identify the Author, the Review, the volume, the number of the first page, and the year of the Article’s publication; you further agree that a notice stating that the Article may be so reproduced and distributed, by nonprofit institutions for educational purposes shall appear in the issue of the Review in which the Article appears.
7. In the case of any claim, action, or proceeding brought against the Review, the University of Michigan Law School, the University, and/or any of the University of Michigan’s regents, departments, divisions, officers, agents, employees, students, or licensees (the “Indemnified Parties”) that includes allegations that would constitute a breach of any warranty enumerated in this Agreement (including, without limitation, allegations of copyright infringement), you agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any costs, losses, damages, liabilities, expenses, demands and judgments, including court costs and reasonable attorneys’ fees, which may arise out of breach of such warranties.
8. You agree to release the Review, the University of Michigan Law School, the University, and the University of Michigan’s regents, departments, divisions, officers, agents, employees, or students (the “Released Parties”), from any liability to you, your personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action that may arise in connection with this Agreement, except and only to the extent such claims or causes of action are caused solely by the Released Parties’ negligence or intentional misconduct.