Assignment of Copyright
CONSULTANT
Manuscript title / / (the “Work)Author(s):
Date:
This Agreement is made between HMP Communications LLC (“Publisher”), 83 General Warren Blvd., Malvern, PA 19355 and the undersigned Author(s).
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Publisher and the Author(s) hereby agree as follows:
1. Scope of the Work. The Work includes the entirety of the above-referenced Work, and all portions thereof, as submitted to Publisher and including but not limited to the Graphic Images (defined below).
2. Assignment of Copyright. The Author(s) does/do hereby sell, assign and transfer to the Publisher, its successors and assigns, the entire right, title and interest in and to the copyright of the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof.
3. Graphic Images. “Graphic Images” are the photographs, illustrations, charts or other graphic images, if any, included in or accompanying the manuscript of the Work. The manuscript shall indicate who is/are the authors or creators of each Graphic Image. “Others’ Graphic Images” are those Graphic Images authored or created by a person other than the Author(s). The Author(s) do not sell, assign and transfer the copyright of Others’ Graphic Images to the Publisher. The Author(s) do hereby grant to the Publisher, its successors and assigns, a non-exclusive, perpetual and royalty free license to publish and re-publish Others’ Graphic Images, in any medium or format presently known or hereafter invented, discovered or developed, in connection with the publication, presentation, reproduction, republication or other use of the Work, in whole or part, or of extracts and any derivative works.
4. Author’s Representations and Warranties. The Author(s) represent(s) and warrant(s) that:
a. If there is a single Author of the Work, the Author (i) solely authored and created the Work and (ii) holds the complete and undivided copyright interest in and to the Work.
b. If the there are two or more Authors of the Work, the Authors (i) collectively and solely authored and created the Work, and (ii) jointly hold the complete and undivided copyright interest in and to the Work.
c. The Work is original, and has not been authored or created, in whole or in part, by anyone who is not indicated above as “Author(s),” excluding, however, Others’ Graphic Images.
d. The Others’ Graphic Images have been authored or created by, and the copyright thereto belongs to, the person(s) so indicated in the manuscript. The Author(s) have included the Others’ Graphic Images in the Work, and grant Publisher the rights to use the Others’ Graphic Images as provided herein, with all necessary rights and permissions.
e. The Work (excluding, however, Others’ Graphic Images) has not been previously published, in whole or in part, in any medium. Without limitation, the Work has not been published, in whole or in part, in print, on the worldwide Web, or in any electronic medium or database.
f. The Author(s) has (have) full power to grant the rights and to make the agreements set forth in this Assignment of Copyright.
5. Indemnification. The Author(s) shall indemnify the Publisher and hold it harmless from and against all liabilities, expenses and damages incurred by reason of (i) any breach of the foregoing representations and warranties, and (ii) any claims of copyright infringement by reason of publication of the Work (or any portion thereof) as submitted.
6. Further Documents. The Author(s) agree(s) to execute all further documents that the Publisher may reasonably deem necessary or appropriate to convey to the Publisher all rights in the Work.
7. Further Assignment. The Publisher and its successors and assigns shall have the right to further assign any of its rights hereunder, in whole or in part.
8. Author’s Agreement Not to Publish Prior to Publisher's Publication. The Author(s) shall not present or publish the Work, in whole or part, or to present or publish extracts and any derivative works therefrom, prior to the date of the Publisher's initial publication of the Work in CONSULTANT.
9. Author’s Right to Subsequent Use. The Publisher (and its successors) shall not unreasonably withhold permission to the Author(s) to reproduce or republish the Work, in whole or part, and to publish extracts and any derivative works therefrom, provided that
a. the Author(s) request such permission in advance and in writing;
b. no such reproduction or republishing of the Work, in whole or in part, or of any extract of the Work, shall occur sooner than [six] months after the Work’s initial publication by the Publisher; and
c. any and all such reproduction or republishing of the Work, in whole or in part, or publication of extracts of the Work, shall in all events credit the Publisher and the Publisher’s publication title as the first publication of the Work, all in a form reasonably indicated by the Publisher.
10. Publication Credit for Others’ Graphic Images. The Publisher, and its successors and assigns, shall give appropriate credit with each publication or use of Others’ Graphic Images.
11. Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon, the parties and their successors and assigns.
12. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, and may be executed and delivered in electronic facsimile or pdf or other reasonably reliable medium or format, and each of which shall be deemed an original and all of which, when taken together, constitute one and the same document. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of ______.
PUBLISHER
HMP COMMUNICATIONS, LLC
Jill Bresnick
CONSULTANT
Manuscript title:Author(s):
Corresponding author’s signature: / Date:
DO NOT MAIL FORM • Please return via fax (888-686-0391)
CONSULTANT Copyright Form, Page 2