- Description of the Work
The Author agrees to create and deliver to the Publisher the complete and final version of an article, report, comment, or other work (the “Work”) for inclusion in the electronic Journal of American College of Osteopathic Pediatricians (the “ACOP eJournal”) described as follows:
- Consent of Contributors
2.1 The Author shall be solely responsible for obtaining and providing upon acceptance of the Work for publication, all necessary consents, including written permission to reprint or use adaptations in the online of the ACOP eJournal, other ACOP online publications, and ACOP social media, from any third parties who create or submit materials for inclusion in the Work, including without limitation from the publishers and authors of any previously published tables and illustrations. The Author shall be solely responsible for payment of any compensation due to such third-party contributors. The Author hereby waives and certifies that it has obtained waivers from all authors who contributed to any works of authorship which comprise, are adapted or otherwise incorporated in the Work of moral rights or similar rights in other countries. The Author shall also be solely responsible for obtaining the written consent of any patients who are identifiable in photographic images that are adapted or otherwise incorporated in the Work. In the case of minors, permission shall have been obtained from a parent or guardian of the minor.
2.2 Upon written request from the Author, the Publisher will include credit and/or acknowledgment for third parties who substantially contributed to either the study or the preparation of the Work (the “Acknowledgements”), as Publisher deems appropriate under the circumstances. The Author shall submit the proposed Acknowledgments in the form of a list including the contributors’ full names, highest earned academic degrees, and professional titles at academic and other institutions. The Acknowledgments of osteopathic medical students (“OMS”) should include the OMS designation after their names with the year of training in Roman numeral.
- Grant of Rights
3.1 The Author grants, transfers and assigns exclusively to the Publisher, all right, title and interest in the Work including but not limited to all rights of copyright (including any renewals, extensions or revivals of copyright, together with all rights enjoyed by an author under the laws of the U.S. and foreign countries), the right to grant any part or all of these rights to third parties, and all rights to the title of the Work.
3.2 The Publisher may register the copyright in all editions of the Work at its expense in the U.S. Copyright Office but has no obligation to do so. The Author agrees to execute the short form assignment attached as Exhibit B to this Agreement for recording in the U.S. Copyright Office and authorizes the Publisher to execute and file any other documents on the Author’s behalf for purposes of recording or protecting the rights granted to the Publisher under this Agreement.
3.3 The Author agrees not to publish the Work, or any version of the work, in any other journal, book or other format, whether print or online, without express written permission from the Publisher.
3.4 The Author understands and agrees that the Work will be incorporated with other articles in the ACOP eJournal, which may be selected, compiled and arranged in the Publisher’s sole discretion into a journal, book or other format, whether now known or hereafter acquired, (the “Compilation”) and all right, title and interest in the Compilation shall be owned exclusively by and inure to the sole benefit of the Publisher, its licensees, affiliates, agents, successors, or assigns. The Author understands and agrees that the Work may be copied for educational use or any other use permitted by copyright law.
- Delivery
4.1 The Author shall submit the Text of Work cleared of all necessary permissions. The Author will deliver all Related Materials in accordance with a schedule provided by the Publisher. The Author understands and agrees that the schedule is subject to change upon reasonable notice from the Publisher.
4.2 If any portion or all of the Work as described above is not delivered when due, or is not acceptable in the Publisher’s sole editorial determination, then the Publisher may elect either to request the Author to submit or resubmit the Work in acceptable form by an extended delivery date set forth in writing by the Publisher, or to terminate this Agreement upon reasonable notice to the Author. If the Publisher determines that the Author is unable, or if the Author fails, to deliver the Work in length, form and content and satisfactory to the Publisher by any such extended date, then the Publisher may elect to terminate this Agreement in its sole discretion.
- Preparation of the Work; Corrections
5.1 Upon acceptance of the Work, the Publisher is authorized to make such editorial changes in the Work as it deems necessary or desirable, and it will give the Author such opportunity to review these changes as is reasonably permissible within the publication schedule established by the Publisher.
5.2 As reasonably requested by the Publisher, the Author agrees to read and correct all proofs or electronic prototypes of the Work and all revisions thereof, notify the Publisher of any factual errors, and return same with all necessary corrections within the time period designated by the Publisher.
- Publication
Publisher shall have the right to publish the Work in such format and style as it deems appropriate, including without limitation in print or electronic format, or in any other media, whether now known or hereafter acquired. The Publisher will be responsible for all costs and decisions related to the publication, promotion, distribution, sale, licensing or other disposition of the Work. If, for any reason, the Work or any part thereof is not published by the Publisher, the Publisher will not have any liability to the Author, except that the Publisher will return the unpublished portion of the Work to the Author and all rights therein will revert to the Author.
- Designation as Author
7.1 The Author agrees that the Publisher shall have the right to use the name and likeness of the Author, and all persons comprising the Author and any other contributors to the Work retained by the Author, in connection with the marketing, advertising and promotion of the Work in any media throughout the world.
- Related Publication
The Author may use portions of material contained in the Work in preparing articles for purposes of teaching or delivery of papers at professional meetings, provided the Publisher is notified in advance of the use and appropriate credit is given to the Work.
- Warranties; Indemnity; Insurance
9.1 The Author warrants and represents that the Author has the full power and authority to enter into this Agreement and grant the rights herein; that the Author is the sole owner of the Work and the Work is original, except for material in the public domain or material from other works included with the written permission of the rights owners, and not a derivative, alteration, revision, or variant of any other work; and that the Work does not contain any matter which is libelous, obscene, injurious, or matter which violates any United States based rights of any third party, including without limitation any right of copyright, trademark, privacy or any other right of any person or entity, or of any law or regulation.
9.2 The Author warrants, represents and covenants that the Author is either a recognized expert in the subject matters covered in the Work or is a Student or Physician-In-Training Author who has consulted and/or collaborated with recognized experts in the subject matters covered in the Work. The Author further warrants, represents and covenants that all treatments, medications, dosages, prescriptions, advice and instructions contained in the Work are consistent with standards and practices generally prevailing in the recognized medical community throughout the United States and within the ACOP community.
9.3 The Author warrants, represents and covenants that the Work has not been published elsewhere in any medium and that the Work is not simultaneously under consideration by any other print or electronic publication.
9.4 The Author warrants, represents and covenants that all non-original Text or material derived from the work of others has been clearly referenced in numerical order in the Text and that the Author has not plagiarized, copied, misappropriated, or otherwise relied upon any text, material, copyrights, trade secret, patent, method, hardware, software, documentation, confidential information, specifications, ideas, formulae, algorithms, concepts, inventions, processes, or general know-how (collectively, “Intellectual Property”) from any source in violation of any law, contract, professional or academic ethics or honor code, including without limitation any ACOP policy statements and resolutions.
9.5 The Author warrants, represents and covenants that it has no affiliation or financial involvement in any entity with a direct financial interest in the subject matter or materials discussed in the Work, except as disclosed upon submission of the Work to the Publisher.
9.6 Each Student Author warrants, represents and covenants that the Work has been reviewed by a professor or senior physician prior to submission to the Publisher.
9.7 If the Work concerns phase 3 clinical trials, the Author warrants, represents and covenants that the trials are registered with at least one not for-profit public registry that is open to all registrants and has a mechanism to ensure the validity of the registration data (a “Registry”). If the Work concerns other trials involving human subjects, including pilot studies that have at least one prospectively assigned concurrent control or comparison group, the Author warrants, represents and covenants that such trials are registered with a Registry.
9.8 The Author shall indemnify and hold the Publisher and its directors, officers, employees, agents, representatives, licensees, customers, affiliates and assigns harmless from any allegations, claims, liabilities, damages, costs and expenses, including attorneys’ fees, caused by or arising out of (a) any claim concerning material(s) contained in or omitted from the Work; (b) any injury that arises as a result of the negligence or willful misconduct of the Author, its employees, agents, representatives, licensees, customers, affiliates or assigns; (c) failure by the Author to comply in any material respect with applicable laws or regulations; (d) any breach by the Author of any warranty, representation or covenant in this Agreement; (e) any breach by the Author of any warranty, representation or covenant to a third party concerning the Work; and (f) any injury, including personal injury to a third party, or any infringement or misappropriation of Intellectual Property contained in or otherwise relied up in the Work.
- 10. Third Party Infringement
The Author may have the option upon written approval of the Publisher, which approval will not be unreasonably withheld, to prosecute in the Author’s own name and at the Author’s own expense any infringement by third parties of any patent or copyright in or of misappropriation of any Intellectual Property included in the Work. The Publisher will notify the Author within a reasonable time of each such infringement or misappropriation of which the Publisher is or becomes aware. If the Author elects to sue for infringement or misappropriation, the Publisher agrees to be named as a nominal third party plaintiff if necessary to the commencement of any such action, and further agrees to provide any information available to the Publisher and needed by the Author to prosecute such action. Notwithstanding any of the foregoing, the Publisher will have the sole right to prosecute any infringement by third parties of any patent or copyright in or of misappropriation of any Intellectual Property included in the Compilation.
- 11. Miscellaneous
11.1 All notices under this Agreement will be sent in writing to the parties at the addresses set forth above. A copy of all notices to the Publisher will be sent to the ACOP eJournal Publisher, the American College of Osteopathic Pediatricians, at [email protected].
11.2 This Agreement constitutes the entire agreement and understanding of the parties and supersedes any prior Agreements between the Publisher and the Author. No waiver or modification of any provision of this Agreement will be valid unless in writing and signed by both parties. The waiver of any breach or default of any provision of this Agreement will not be deemed a waiver of any subsequent breach or default. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will not be affected.
11.3 This Agreement shall be binding upon the successors and assigns of the Publisher and the executors, administrators, successors and assigns of the Author.
11.4 If there are multiple persons comprising the Author under this Agreement, their obligations hereunder shall be joint and several, and the Publisher may exercise any of its rights or remedies against any one or all of such persons.
11.5 This Agreement shall be interpreted, governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Virginia courts (state and federal) located in Richmond, Virginia will have exclusive jurisdiction over any controversy relating to this Agreement.
- Term and Termination
Publisher may terminate this Agreement without cause at any time in its sole discretion, upon reasonable written notice to Author. Author may terminate this Agreement without cause at least thirty (30) days prior to publication of the Work upon reasonable written notice to Publisher. If this Agreement is terminated prior to publication of the Work, all rights granted to the Publisher in the Work will revert to the Author upon such termination. If this Agreement is terminated by Author within thirty (30) days or less prior to publication, Author shall be responsible to Publisher for all costs and expense incurred in preparing for publication of the Work to the date of such termination. All rights, privileges and licenses granted to the Publisher herein shall survive termination of this Agreement after publication of the Work.
