Publication Agreement

JCEL provides immediate open access to published content in support of the idea that free access to research helps support the exchange of knowledge and ideas. All articles will be published under Creative Commons licenses

Publication Agreement
Journal of Copyright in Education and Librarianship

The following is an agreement between the author listed above (the “Author”) and the Editors of Journal of Copyright in Education and Librarianship (“JCEL”) and governs the above-stated proposed article (the “Work”).

Section 1: Author’s Grant of Rights

In consideration of JCEL’s agreement to publish the Work in JCEL, the Author hereby grants to JCEL a license on the following terms:

  • 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;
  • 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

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 JCEL.
  • JCEL requests that, should the Author publish or distribute the Work elsewhere at any time or in any alternate format, the Author cite the original version of publication in JCEL through a tagline, author bibliography, or similar means.  A sample acknowledgement would be:

“Originally published in the Journal of Copyright in Education and Librarianship, Vol. x, Issue x: https://www.jcel-pub.org.”

Section 3: Editing and Formatting

The Author authorizes JCEL 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.  JCEL 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 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;
    • To post a version of the Work in an institutional repository or the Author’s personal or departmental web page so long as JCEL 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 JCEL is cited as the source of first publication of the Work (see sample acknowledgement above).
  • The Editors and Editorial Board of JCEL strongly encourages authors to publish the Work under a Creative Commons Attribution 4.0 International license (CC BY 4.0) that allows others to distribute, remix, tweak, and build upon the Work, even commercially, as long as they credit the Author for the original creation. The Author may however choose to have the Work distributed under any of Creative Commons licenses currently available (see https://creativecommons.org/licenses/ for a description of each license).

I choose to make the Work available under the following CC License:

CC BY (Attribution)
CC BY-SA (ShareAlike)
CC BY-NC (NonCommercial)
CC BY-ND (NoDerivatives)
CC BY-NC-SA (NonCommercial-ShareAlike)
CC BY-NC-ND (NonCommercial-NoDerivs)
CC0 (No Rights Reserved)

Section 5: Author’s Warranties and Undertakings

The Author warrants that:

  • The Author is the sole author of the Work, or all co-authors are identified in the Work as submitted for publication.
  • They hold the copyright in the Work and have the power to convey the rights granted in this agreement.
  • The Work has not previously been published, in whole or in part, except as follows:
  • 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 or is otherwise identified as follows:
  • To the best of the Author’s knowledge, the Work does not contain matter that is obscene, libelous, or defamatory; it does not violate another’s civil right, right of privacy, right of publicity, or other legal right; and it 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 will indemnify and hold JCEL harmless against loss, damages, expenses, awards, and judgments arising from breach of any such warranties.

Section 6: Governing Law, Exclusive Jurisdiction, Exclusive Venue

This Agreement is entered into in Ohio and shall be governed and construed in accordance with the substantive law (and not the law of conflicts) of the State of Ohio and applicable U.S. federal law.  Courts of competent authority located in Butler County, Ohio shall have sole and exclusive jurisdiction of any action arising out of or in connection with the Agreement, and such courts shall be the sole and exclusive venue for any such action.

Section 7: The Reuse of Third-Party Works

JCEL requires that the Author determine, prior to publication, whether it is necessary to obtain permission 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 the 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 JCEL determines for any reason that permission is required to include any third-party work, the Author will obtain written permission from the rightsholder.

This agreement represents the entire understanding of the parties and can only be modified in a writing signed by both parties.