A Sample Author's Addendum

A sample author's addendum

Some copyright transfer agreements allow the author to retain significant rights, but others leave the author with almost nothing.  Publishers whose initial offer leaves you with no rights are also often the hardest to negotiate with, and you may want to offer an addendum that retains only the minimal rights you actually need to ease the negotiation process.  Here's an example of a minimalist author's addendum that was used recently at the UO.  It could further be weakened by changing iii. to apply only to the "authors final manuscript version," though that might not be enough for some uses, such as making copies for a tenure and promotion file.

  1. THIS Amendment hereby modifies and supplements the attached Publication Agreement concerning the following Article: XXXXXX
  2. The parties to the Publication Agreement and to this Amendment are:

    XXXXXX (corresponding author) and XXXXXX (the Publisher)

  3. The parties agree that wherever there is any conflict between the Amendment and the Publication Agreement, the provisions of this Amendment are paramount and the Publication Agreement shall be construed accordingly.
  4. Notwithstanding any terms in the Publication Agreement to the contrary and in addition to the rights retained by Author or licensed by Publisher to Author in the Publication Agreement and any fair use rights of Author, Author and Publisher agree that the Author shall also retain the following rights:
    1. The Author shall retain rights of attribution and integrity.  Publisher warrants that it will not reuse the Author’s work in modified form or with any changes in authorship, without permission of the Author.
    2. The Author shall, without limitation, have the non-exclusive right to use, reproduce, distribute, create derivative works including update, perform, and display publicly, the Article in electronic, digital or print form in connection with the Author's teaching, conference presentations, lectures, other scholarly works, and for all of Author's academic and professional activities.
    3. The Author further retains all non-exclusive rights necessary to grant to the Author's employing institution the non-exclusive right to use, reproduce, distribute, display, publicly perform, and make copies of the work in electronic, digital or in print form in connection with teaching, digital repositories, conference presentations, lectures, other scholarly works, and all academic and professional activities conducted at the Author's employing institution.
  5. Final Agreement. This Amendment and the Publication Agreement, taken together, constitute the final agreement between the Author and the Publisher with respect to the publication of the Article and allocation of rights under copyright in the Article. Any modification of or additions to the terms of this Amendment or to the Publication Agreement must be in writing and executed by both Publisher and Author in order to be effective.

____________Author

____________Date

 

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