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Memorandum of Understanding
The agreement is the result of extensive collaboration among faculty, staff, and
administrators, with guidance from the Copyright Management Center, to identify major issues and to create a framework for balancing the needs and expectations of the parties.
To that end, the agreement prevents any one party from having all rights to control the finished work. The agreement also carefully assures faculty authors and the institution that they may pursue future programs of teaching and scholarship based on the instructional materials.
We are pleased to highlight the following key provisions, and we welcome your insights and comments about the agreement.
• Faculty retain rights to use their works in almost any scholarly or creative works that they later develop. From Section 2.1: “In particular, the
Instructors will have the right to use their individual contributions in teaching courses on related topics and in preparing textbooks, journal articles,
conference presentations, consulting projects, and other scholarly works or professional activities.”
• The university will have the authority to use the works in connection with teaching activities on campus, through distance education, and in other instructional efforts. The university will share with the developers any income from its use of the works. The university’s rights will terminate at an agreed time, and all rights will at that time revert to the faculty member or other creator of the work. While the university may place its copyright notice on the materials that it distributes, that right as well terminates on the
agreed date.
• The faculty member who creates the instructional work has control of the content, and has the authority to make updates and corrections.
• The faculty member has the right to have his or her name on the finished work, or to remove the name if so desired.
• Perhaps the only significant limit on faculty member’s rights to future uses of the materials would arise if the instructor desires to pursue distance education programs sponsored by another institution that would reach the same students who might enroll in a program sponsored by IU using the same materials. Otherwise, the agreement does not prevent faculty from using their materials at another educational institution, should the
opportunity arise.
Faculty members at IU are subject to this Memorandum of Understanding only voluntarily and with respect to specific course materials. Should any instructor choose not to accept these terms, other results under policy or applicable law may define the rights of the parties.
Get the Memorandum of Understanding - html version / pdf version
The Copyright Management Center is not part of University Counsel and is not legal counsel to the university or to any members of the university community. A mission of the CMC is to provide information and education services to help members of the community better address their needs.
The information received from the CMC is not legal advice. Individuals and organizations should consult their own attorneys.
Copyright © 2002-2006 Indiana University
CMC Home
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Copyright Quickguide!
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COPYRIGHT AND PUBLISHING AGREEMENT
The Indiana Law Review is pleased to accept for publication your article entitled:
__________________________________________________________
__________________________________________________________
(hereinafter "the Article").
We look forward to working with you to prepare the Article for publication.
The publishing industry has grown increasingly complex in recent years, particularly with the expansion of new technologies for the delivery of information. In order to better manage the rights associated with your Article, and to provide optimal access to it, we believe you , the Author, should hold the copyright to your Article, but that you should grant us, the Indiana Law Review, appropriate rights to use your Article for the benefit of the scholarly community. We believe that this arrangement will properly serve our shared interest in reaching the largest readership possible. We also believe that by securing certain in the Article, we will be better able to disseminate your Article through research databases, on the Internet or CD-ROM, and by other means that will exist in the years to come.
To that end, the parties to this Agreement agree as follows:
1. You shall retain the copyright and all other literary rights in and to the Article. This Agreement shall in no way limit your right to:
a. Reproduce, distribute, display, and transmit copies of the Article for your own personal, professional, or educational purposes, provided that each copy includes appropriate credit to the Indiana Law Review as the original published source of the Article.
b. Publish all or part of the Article in subsequent works of your own, such as a new article on the same subject or a book of which you are an author, provided that you credit the Indiana Law Review as the original published source of the relevant material.
For a period of one year after the date of first publication in the Indiana Law Review, any publication of the article in a collective work prepared by others shall require our
permission.
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2. You represent and warrant that the Article is your original work, that you own the
copyright in its entirety, that it contains no material that infringes the copyright of any other person, that it has not been published previously, and that you have the full power and authority to enter into and perform this Agreement.
3. Although you will remain the copyright owner, you grant to the Indiana Law Review
acting on behalf of the Trustees of Indiana University the irrevocable, nonexclusive rights to:
a. Reproduce, publicly distribute and display, and transmit the Article or portions thereof in any manner, including but not limited to journals, as part of collective works, as reprints, and through any medium now in existence or developed in the future including but not limited to print, electronic and digital media, computerized retrieval systems, and other formats. The Indiana Law Review may exercise these rights directly or by means of third- party information providers, including but not limited to Lexis and Westlaw or third-party publishers and printers.
b. Adapt, translate, and format the Article as the Indiana Law Review sees appropriate.
c. Grant permission to third parties to reproduce and distribute the Article for educational or research uses, provided that the Indiana Law Review requests of the third party that: (i) the author and Indiana Law Review are identified on each copy; and (ii) proper notice of
copyright is affixed to each copy.
d. Use the author’s name and likeness in promoting the Article or the Indiana Law Review.
e. The Author grants the above rights without claim of royalties or other compensation.
4. The Indiana Law Review shall publish your Article in accordance with its customary publication schedule, policies, and formats as they may exist from time to time, including without limitation print and electronic versions of the Indiana Law Review. In support of higher education, and pursuant to the objectives of Memorandum 01-32 of the Association of American Law Schools, we currently use our best efforts to include a notice on each printed copy of the Indiana Law Review that is substantially as follows:
Copy right 20__, The Trustees of Indiana University. Except as may be expressly provided elsewhere in this publication, permission is hereby granted to reproduce and distribute copies of individual works from this publication for research, library, and nonprofit educational purposes, provided that (i) copies are distributed at or below cost; (ii) the author and Indiana Law Review are identified, and (iii) proper notice of copyright is affixed to each copy. This permission is in addition to rights of reproduction granted under Sections 107, 108, and other provisions of the
U.S. Copyright Act.
Due to changing circumstances in the publishing industry and in copyright law, we must reserve the right to revise or delete this notice on future publications that include your Article. This copyright notice in the name of the university on the journal issue does not preclude your adding a copyright notice to your individual Article.
Executed as of the __________ day of _______________ , 20______.
________________________________
Author's signature
Indiana Law Review
on behalf of the Trustees of Indiana University By: _________________________
Title: ________________________
Document Revised: September 2, 2004 pdf version
The Copyright Management Center is not part of University Counsel and is not legal counsel to the university or to any members of the university community. A mission of the CMC is to provide information and education services to help members of the community better address their needs.
The information received from the CMC is not legal advice. Individuals and organizations should consult their own attorneys.
Copyright © 2002-2006 Indiana University