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The following is an agreement between the author listed above (“Author”) and the journal Theological Librarianship (“TL”) and the American Theological Library Association (ATLA) (“Publisher”), and governs (the “Work”) (insert title of work created by the Author and year of publication). This agreement represents the entire understanding of the parties and can only be modified in a writing signed by both parties.
Section 1: Author’s Grant of Rights
In consideration of the Publisher’s agreement to publish the Work in TL, the Author hereby grants and assigns to the Publisher:
- the irrevocable, royalty-free right to publish, reproduce, publicly display, publicly perform and distribute the Work in perpetuity throughout the world in all means of expression by any method or media now known or hereafter developed, including electronic format, and
- the irrevocable, royalty-free right to use the Author’s name and likeness in association with the Work in published form and in advertising and promotional materials, and the irrevocable, royalty-free right to license others to do any or all of the above.
Section 2: Prior Publication & Publication by Others
The Author agrees not to publish the Work, or authorize any third party to publish the Work, either in print or electronically, prior to publication of the Work by the Publisher. The Publisher requests that, should the Author publish or distribute the Work elsewhere at any time or in any alternate format after its first publication in TL, the Author shall cite the publication in TL by author, title, and publisher, through a tagline, author bibliography, or similar means. A sample acknowledgement would be: “Reprinted with permission from the author. Original publication in Theological Librarianship (https://theolib.atla.com/theolib).”
Section 3: Editing and Formatting
The Author authorizes TL and the Publisher to edit the Work and to make such modifications as are technically necessary or desirable to exercise the rights in Section 1 in differing media and formats. The Publisher will make no material modification to the content of the Work without the Author’s consent.
Section 4: Author’s Ownership of Copyright and Reservation of Rights
Nothing in this agreement constitutes a transfer of the copyright by the Author, and the copyright in the Work is subject to the rights granted by this agreement. The Work will be published in TL under a Creative Commons Attribution-NonCommercial license (CC-BY-NC International 4.0), which allows others to distribute, remix, tweak, and build upon the Work as long as they credit the Author for the original creation and the Work is not used for commercial purposes.
The Author retains the following rights, including but not limited to, the right:
- To reproduce and distribute the Work, and to authorize others to reproduce and distribute the Work, in any format, consistent with the CC-BY-NC license;
- To post a version of the Work in an institutional repository or the Author’s personal or departmental web page so long as TL is cited as the source of first publication of the Work (see sample acknowledgement above);
- To include the Work, in whole or in part, in another work, subject to Section 2 above and provided that TL is cited as the source of first publication of the Work (see sample acknowledgement above).
Section 5: Author’s Warranties and Undertakings
The Author warrants that:
- The Author is the sole author of the Work, or if a joint author, the Author has identified within the Work the other authors, and holds the copyright and has the power to convey the rights granted in this agreement;
- The Work has not previously been published, in whole or in part;
- Any textual, graphic or multimedia material included in the Work that is the property or work of another is either explicitly identified by source and cited in the Work;
- To the best of the Author’s knowledge, the Work does not contain matter that is obscene, libelous, or defamatory; that does not violate another’s civil right, right of privacy, right of publicity, or other legal right; and that is otherwise not unlawful.
- To the best of the Author’s knowledge, the Work does not infringe the copyright or other intellectual property or literary rights of another
The Author shall indemnify and hold Publisher harmless against loss, damages, expenses, awards and judgments arising from breach of any such warranties.
Section 6: The Reuse of Third-Party Works
The Publisher requires that you determine, prior to publication, whether it is necessary to obtain permissions from any third party who holds rights with respect to any photographs, illustrations, drawings, text or any other material (“third-party work”) to be published with or in connection with your Work. Copyright permission will not be necessary if the use is within fair use, if the work is in the public domain, or if the rightsholder has granted a Creative Commons or other license. If either the Author or Publisher determines for any reason that permission is required to include any third-party work, the Author shall obtain written permission from the rightsholder.