Copyright Transfer Agreement-Manuscript

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AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION
COPYRIGHT TRANSFER AGREEMENT-MANUSCRIPT
THIS AGREEMENT made this
day of
, 20_______, by and between
(name of person or persons authoring manuscript)
(hereinafter individually or collectively the “Author”) and the American Speech-Language-Hearing Association (“ASHA”).
RECITALS:
R-1. ASHA is a scientific and professional organization having its National Office at 2200 Research Boulevard
#201, Rockville, Maryland, 20850, and periodically publishes journals, monographs, reports and other publications for
the dissemination of information in the field of human communication.
R-2. Author has submitted to ASHA for publication by ASHA and desires ASHA to publish a manuscript
provisionally titled
(hereinafter the “Manuscript”).
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Author and ASHA agree as follows:
1. Author hereby transfers, assigns and delivers to ASHA all copyrights in and to the Manuscript. Author shall
execute and deliver to ASHA such other assignments, documents and instruments as ASHA reasonably may request from time to
time for the purpose of establishing, registering, evidencing, enforcing or defending ASHA’s complete, exclusive ownership of
all copyrights in the Manuscript, and Author hereby constitutes and appoints ASHA as Author’s agent and attorney-in-fact, with
full power of substitution, to execute and deliver such documents and instruments as Author may fail or refuse to execute and
deliver, this power and agency being coupled with an interest and being irrevocable. ASHA shall have the right (but not
obligation) to edit the Manuscript in such manner as ASHA, in its sole discretion, may determine, including (without limitation)
for punctuation, style and length.
2. ASHA has no obligation to publish the Manuscript provided. If the Manuscript is not published within 18 months
of the date of this Agreement, then all copyrights in the Manuscript shall revert to Author and this Agreement shall terminate.
3. Author represents and warrants that (a) Author is the owner of any and all copyrights in the Manuscript and has all
necessary right, power and authority to execute, deliver and perform this agreement; (b) the Manuscript does not violate or
infringe any law, regulation or copyright, or constitute a libel or defamation of or an invasion of the rights of privacy or publicity
of any person, firm or corporation, or otherwise violate or infringe any other rights whatsoever of any person, firm or
corporation; (c) the Manuscript is submitted for publication exclusively to ASHA and has not been and will not be published
elsewhere by Author in whole or in part; (d) each person making a copyrightable contribution to the Manuscript has executed this
agreement as “Author;” (e) if the Manuscript contains “work made for hire” as that term is used in the U.S. Copyright Act, then
this agreement is also executed by the “Employer;” and (f) if the Manuscript was prepared under U.S. Government contract,
Author represents that the U.S. Government contract number is
.
4. Conditional upon Author’s fulfillment of its representations and warranties provided in Section 3 above, ASHA
hereby grants to Author the following rights:
A. The nonexclusive right to revise, adapt, use or otherwise reproduce the Manuscript in whole or in part on
condition that (1) such use does not imply endorsement by ASHA; and (2) ASHA’s copyrights are acknowledged in such use and
the copyright notice of ASHA as contained in the journal, monograph, report or other publication in which the Manuscript is
published is affixed with such use in the manner described in the U.S. Copyright Act.
B. If the Manuscript was prepared under U.S. Government contract, ASHA grants the U.S. Government the right
to reproduce all or any portions of the Manuscript without payment of royalty and permits the U.S. Government to authorize
others to do so for U.S. Government purposes.
5. If any term of this Agreement shall be found to be illegal, invalid or unenforceable by a court of competent
jurisdiction, it is the intention of the parties that the remaining terms shall constitute their agreement with respect to the subject
and its successors and assigns. This Agreement shall be governed by and construed under the laws of the state of Maryland. This
Agreement constitutes the entire agreement between ASHA and Author with respect to the subject matter hereof and shall not be
modified, amended or (except as expressly provided in Section 2) terminated except by another agreement in writing executed by
the parties hereto.
6. This Agreement may be executed in any number of counterparts, each of which shall constitute an original and all
of which together shall constitute one and the same instrument.
________________________________________________________________________________________________________
Executive Director, American Speech-Language-Hearing Association
Date
EACH CONTRIBUTING AUTHOR MUST SIGN SEPARATELY
___________________________________________
Signature of Author
Date
___________________________________________
Signature of Author
Date
___________________________________________
Printed name of Author
___________________________________________
Printed name of Author
___________________________________________
Signature of Author
Date
___________________________________________
Signature of Author
Date
___________________________________________
Printed name of Author
___________________________________________
Printed name of Author
____________________________________________
Signature of Author
Date
___________________________________________
Signature of Author
Date
____________________________________________
Printed name of Author
___________________________________________
Printed name of Author
WORK MADE FOR HIRE
_____________________________________________________________________________________________
Employer’s signature
Title
Date
_____________________________________________________________________________________________
Employer’s signature
Title
Date
NOTE:
If all authors are U.S. Government employees and prepared the Manuscript as part of their official duties, this
Agreement must be signed by one author and by an authorized agency representative. The Manuscript may not be
subject to U.S. Copyright. However, if at least one author does not fit this category, that author should sign above.
Rev. 12/ 01
2
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