UCL Open Access Student Journals Article Contributor Agreement
[Note: It is anticipated that Corresponding Contributing Authors will agree to these terms at the point of submitting their article. Agreement to the terms will be online by way of checking a box.
UCL Open Access Student Journal Contributor Agreement.
Please note that the Article cannot be submitted and the Publisher cannot proceed to publication of the Article if the terms of this Agreement are not agreed to by the Corresponding Contributor Author.
Parties
This Agreement is between the Publisher and the Corresponding Contributor Author.
Background
The Corresponding Contributor Author wishes to submit the Article to the Publisher to be published in the Journal. Subject to the Article meeting the Publisher’s requirements, the Publisher wishes to publish the Article in the Journal.
Agreed Terms
1. Interpretation
1.1
The following definitions and rules of interpretation apply in this agreement:
Article means the manuscript produced by the Corresponding Contributor Author and the Co-Authors (if any) for inclusion in the Journal;
Co-Authors means any authors who would be recognised by accepted academic practice as having co-authored the Article together with the Corresponding Contributor Author;
Corresponding Contributor Author means the author of the Article and the person who the Publisher corresponds with on matters relating to the Article and this Agreement;
Creative Commons Attribution Licence means the licence terms known as the Creative Commons Attribution Licence 4.0, a copy of which are accessible here: https://creativecommons.org/licenses/by/4.0/legalcode;
Journal means the journal published by the Publisher under an imprint owned by University College London, Gower St, London WC1E 6BT in which the parties intend the Article to be published;
Publisher means University College London, Gower Street, London, WC1E 6BT; and
references to you/your shall be construed as references to the Corresponding Contributor Author and, where the Article has been co-authored by Co-Authors, shall be construed as references to the Corresponding Contributor Author and all of the Co-Authors.
2. Co-Authors
2.1
Where the Article has been co-authored by Co-Authors (as defined above) then the Corresponding Contributing Author hereby declares that he/she is authorised by all of the Co-Authors to enter into this agreement on the Co-Authors' behalf . The Corresponding Contributing Author shall indemnify the Publisher for any losses arising as a result of a failure to obtain any Co-Author's express prior permission to enter into this Agreement.
3. Rights and Licence
3.1
In consideration of the mutual benefits to be derived by the parties pursuant to this agreement and subject to the terms and conditions herein contained you hereby grant to the Publisher:
3.1.1
the right to produce, publish, distribute and make available and to further sub-license the Article (including the abstract) in accordance with the Creative Commons Attribution Licence; and
3.1.2
the right and licence to be the first publisher of the Article and to be referred to as such.
3.2
Subject to clause 3.1 above, you retain all rights in and to the Article.
3.3
In the event of any inconsistency between the terms set out in this agreement and the terms of the Creative Commons Attribution Licence, the terms of the Creative Commons Attribution Licence shall, to the extent of any inconsistency, prevail.
4. Warranties and indemnity
4.1
You warrant to the Publisher that:
4.1.1
the Article is original to you except for such excerpts of other works as may be included with written permission of the copyright owner;
4.1.2
the Article is not under consideration for publication anywhere else nor been published in any form (other than under the terms of any open access licence granted by you to the institution of which you are a member of faculty or employee, including the licence known as the UK Scholarly Communications Licence), and that publishing the Article will in no way whatever give rise to violation of any existing copyright or a breach of any existing agreement, including any contract of employment;
4.1.3
the Article contains nothing unlawful or libellous and is in no way a breach of confidence or of any commitment given to secrecy, and that all statements in the Article purporting to be facts are true at the time of publication and that any recipe, formula or instruction contained in the Article will not, if followed accurately, cause injury or illness or damage to the user;
4.1.4
you accept responsibility for obtaining permission for publication in the Article, at your expense, any textual and/or illustrative material in which copyright vests in any other person or party. Permission will be for the right to use the said material in the Article published by the Publisher. You shall make available to the Publisher upon request any permissions so obtained for publication of copyrighted material;
4.1.5
all such third party material referred to above is clearly and appropriately acknowledged in the Article;
4.1.6
the Article shall comply with the Publisher's publishing guidelines (if any and as may be revised from time to time). A copy of the current guidelines (if any) shall be made available to you upon request; and
4.1.7
you undertake to indemnify the Publisher against any claims, loss, damage or costs, including any legal costs properly incurred, occasioned to the Publishers in consequence of any breach of the warranties set out in this Paragraph 5 or arising out of any claim alleging that the Article constitutes a breach of these warranties.
5. Publication
5.1
The Publisher may decline to publish the Article if it does not meet the Publisher's requirements. If the Publisher so declines, it may terminate this agreement on written notice to you.
5.2
The Article, if accepted by the Publisher for publication, shall be licensed by the Publisher to the public under the Creative Commons Attribution Licence. The Publisher shall require attribution as the first publisher of the Article.
6. No royalty payment
6.1
You acknowledge that you are not entitled to any royalty payment whatsoever in connection with any publication of the Article, regardless of whether you are an employee of the Publisher or not.
7. Consequences of termination
7.1
The warranties and indemnities set out in this agreement shall survive the termination of this agreement.
8. Applicable law
8.1
This agreement shall be governed by and construed in accordance with the laws of England whose courts shall have exclusive jurisdiction.