Transfer Copyrights But Reserve Some Rights

AMENDMENT TO PUBLICATION AGREEMENT

1. This Amendment hereby modifies the attached Publication Agreement concerning the following Article:
____________________________________________ (manuscript title) to appear in ______________________________________(journal name).

2. The parties to the Publication Agreement and to this Amendment are:
____________________________________ (corresponding author), and _____________________________ (the Publisher).

3. The parties agree that in the event of a conflict between this Amendment and the Publication Agreement, the provisions of this Amendment shall prevail 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 and/or licensed by Publisher to Author in the Publication Agreement and any fair use rights of Author, Author and Publisher agree that the Author has the following rights:

a. The Author, without limitation, has the non-exclusive right to use, reproduce, distribute, perform, and display publicly the Article and create derivative works, including, but not limited to, updates, of 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, provided the journal in which the Article has been published is cited as the source of first publication of the Article.

b. The Author has all the non-exclusive rights necessary to make, or to authorize others to make, the Article available in online digital form, including but not limited to, a non-commercial website under the control of the Author or the Author’s employer or through any non-commercial digital repository, such as the University of California’s eScholarship Repository or the National Library of Medicine’s PubMed Central database, provided, however, that such rights shall not be exercised before publication of the Article. If Publisher delays publication of the Article unduly, Author has the option of terminating this Agreement.

c. 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 Article 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 or by the Author’s employing institution at the time of publication of the Article.

5. Acknowledgment of Prior License Grants. Publisher acknowledges that Author’s assignment of copyright or Author’s grant of exclusive rights to Publisher in the Publication Agreement is subject to Author’s prior grant of a non-exclusive copyright license to Author’s employing institution and/or to a funding entity that financially supported the research reflected in the Article as part of an agreement between Author or Author’s employing institution and such funding entity, such as an agency of the United States government. Publisher acknowledges that it has determined prior to execution of this Agreement whether any such grant exists.

6. Entire 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 copyright rights 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_____________________(corresponding author on behalf of all authors) DATE________
PUBLISHER _________________ DATE___________