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 (the “Author”) and the Journal of Copyright in Education and Librarianship (“JCEL”) and governs the contributed work (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; 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.

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, with the exception of “preprint archiving” (the practice of depositing a version of a scholarly paper or research article in a publicly accessible online archive before it has been peer reviewed and published).
  • 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 Author may 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).

Section 5: Author’s Warranties and Undertakings

The Author warrants that:

  • They hold copyright in the Work and are legally authorized and have full power and authority to enter into this Agreement and convey the rights granted herein. If the Work is prepared jointly, then Author warrants and undertakes the same on behalf of all co-authors, and shall inform each co-author in writing of the terms of this Agreement.
  • 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: 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.