A Quick Word on Copyright and Grand Traverse Journal's Intent

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author or creator of the work. Only the author or creator, or those deriving their rights through the author or creator, can rightfully claim copyright.

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. There are, however, certain definite advantages to registration. If you are interested in registering your work, you are able to do so online at the U.S. Copyright Office for a small fee: http://copyright.gov/forms/

Grand Traverse Journal and Traverse Area District Library are concerned with celebrating and promoting the unique individuals of the Grand Traverse Region, including local authors, artists and photographers, and their contributions. Our other concern is preserving our lore, stories and history for generations to come. Although much information is being posted informally on social media sites and personal blogs, the time and effort required to archive and preserve that data is not being spent. With those ideals as our guiding principles, the following is the standard Contributor Agreement and Publishing Contract to which we ask that all contributors agree:

Publishing Contract

Publishing Contract for Grand Traverse Journal
Agreement between Traverse Area District Library and Contributor

This AGREEMENT is made as of the timestamp indicated on the submission of any email from the contributor of a literary, pictorial or graphic work to the Traverse Area District Library (hereinafter referred to as the Contributor), by and between the Contributor, and the publisher of Grand Traverse Journal, Traverse Area District Library, with its principal office located at 610 Woodmere Ave, Traverse City, Michigan 49686 (hereinafter referred to as the Publisher).

WHEREAS, Contributor is the copyright owner of the literary or pictorial or graphic Work (the Work) attached to the email, which Work has been submitted to the Publisher for publication;

WHEREAS, Publisher hereby agrees to produce and publish the Work subject to the terms and conditions specified hereinafter;

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. License to the Publisher. The Contributor hereby licenses to the Publisher the irrevocable, nonexclusive, and royalty-free rights as follows:

1.1  The Publisher may publish the Work in any format, including, without limitation, any electronic and print media throughout the world. Specifically, this license includes the right to reproduce, publicly distribute and display, and transmit the Work or portions thereof in any manner, through any medium now in existence or developed in the future, including but not limited to print, electronic, and digital media, computerized retrieval systems, and other formats.

1.2 The Publisher may prepare translations and abstracts and other similar adaptations of the Work in furtherance of its publication of the Work. The Publisher may edit, modify, change, or format the Work in any manner, for any reason, at Publisher’s sole discretion. The Publisher may produce the Work in in such format, type and style as will make the Work attractive, in the sole discretion of the Publisher.

1.3 The Publisher may attribute the Work to the Contributor. The Publisher may use the Contributor’s name, likeness, and institutional affiliation (if applicable) in connection with any use of the Work and in promoting the Work or the Publisher.

1.4 The Publisher may exercise these rights directly or by means of third parties. The Publisher may authorize third-party publishers, aggregators, and printers to publish the Work or to include the Work in databases or other services.

1.5 The Publisher may, without further permission from the Contributor, transfer, assign, or sublicense the rights that the Publisher has pursuant to this Agreement.

1.6 This license of rights to the Publisher shall take effect immediately upon Contributor’s submission of the Work. In the event that the Journal does not publish the Work, for any reason or for no reason at all, this license to the Publisher shall terminate upon written notification by the Publisher to the Contributor, or upon termination of all publication by the Publisher.

2. Ownership of Work by Contributor. Nothing in this Agreement shall be construed as an assignment of the copyright in the Work to the Publisher. Without limiting the provisions of Section 1, above, the Contributor retains the following rights. To the extent that the Publisher holds similar rights with respect to the Work consistent with this Agreement, the Contributor shall hold these rights on a nonexclusive basis. To the extent that the Work includes edits and other contributions by the staff of the Publisher, the rights of the Contributor in this Paragraph include the right to use such edits and contributions. The Contributor may publish the Work in another publication, in a book, or by any other means. The Contributor may exercise this right of publication only after the date of first publication of the Work in the Grand Traverse Journal in any format.

3. Contributor’s Representations and Warranties. The Contributor warrants to the Publisher that they are the sole owner and proprietor of the Work (exceptions made for properly identified works in the public domain to be reprinted and for works previously published in which the Contributor has received permission to reprint from the original publisher); that the Work has not heretofore been published in any form; they are the owner of all the rights granted to the Publisher, and has full power to enter into this agreement, and that said rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights herein granted; that the Work is original and not in the public domain unless identified as such; that it does not violate the right of privacy of any person; that it contains no libelous, obscene, or other unlawful matter; and that it does not infringe upon the copyright or violate any other right of any person or entity. If the Work has more than one creator/author, the Contributor represents and warrants that he or she has authority to act on behalf of all other co-creators/co-authors.

4. Indemnification. The Contributor agrees to hold the Publisher harmless against any damages, including attorney’s fees, finally sustained in any suit involving the Publisher or its licensees by reason of a violation of any of the representations and warranties of Section 3

If any such suit is instituted, the Publisher shall promptly notify and discharge the suit to the Contributor, who will be solely liable to act on the suit without assistance from the Publisher until the suit has been settled or withdrawn. If a final adverse judgment is rendered, the Contributor will be the sole party responsible to meet the satisfaction of the judgement. The Contributor undertakes for himself or herself, their successors and assigns, to execute at any time, on request of the Publisher, any document or documents to confirm or continue any of the rights defined herein, and to take all proceedings necessary to enforce copyright in the United States and elsewhere.

The provisions of this Section 4 shall survive the termination of this Agreement.

5. Publisher’s Discretion to Accept or Reject Works for Publication. If, in the sole discretion of Publisher, the Work is unacceptable or unsatisfactory to Publisher for any reason or for no reason at all, Publisher may reject it by sending written notice to Contributor at any time.

6. Promotion: Sales promotion, advertising and publicity of the Work shall be at the Publisher’s election and sole discretion as to the extent, scope and character thereof and in all matters pertaining thereto.

7. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and it supersedes any and all other previous or contemporaneous communications, representations, understandings, agreements, negotiations, and discussions, either oral or written, between the parties. The parties acknowledge and agree that there are no written or oral agreements, understandings, or representations, directly or indirectly related to this Agreement, that are not set forth in this Agreement.

8. Binding Effect. All provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties, their legal representatives, successors, and assigns.

9. Amendment; Waiver. This Agreement may be amended by the Publisher at any time. No failure or delay by any party in exercising any right or remedy under this Agreement shall operate as a waiver, and a waiver of a particular right or remedy on one occasion shall not be deemed a waiver of any other right or remedy or a waiver on any subsequent occasion.

10. Assignment of Agreement. Publisher shall have the right to assign this Agreement and any of its rights set forth in this Agreement and to delegate any of its obligations under this Agreement in whole or in part, to any third party. Contributor shall neither transfer nor assign this Agreement nor any interest in this Agreement. This Agreement is binding upon and shall inure to the benefit of the respective heirs, successors, and/or permissible assigns of Contributor and Publisher; provided, however, that Publisher or Contributor, as applicable, shall remain responsible for the performance of all terms and conditions of this Agreement.

11. Governing Law; Construction. This Agreement shall be governed and construed in all respects in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of laws provisions or rule (whether of the State of Michigan or any other jurisdiction) that would result in the application of the laws of any jurisdiction other than the State of Michigan. The parties irrevocably submit to and consent to the jurisdiction of the State of Michigan. No provision of this Agreement shall be interpreted for or against any party because that party or that party’s legal representative drafted the Agreement or any of its terms.

12. Severability. Any provision of this Agreement which shall be found to be contrary to Michigan law or otherwise unenforceable shall not affect the remaining terms of this Agreement, which shall be construed in such event as if the unenforceable provision, or clause thereof, were absent from this Agreement.

13. Authority. Each party represents and warrants to the other party that each party has all of requisite power and authority to enter into this Agreement.

14. Counterparts; Photocopies; Electronic Signature. This Agreement may be executed electronically by the Contributor by typing his or her name below and submitted it to our database, or by submission of any email with the intention of Contributing a Work pursuant to this Agreement. This Agreement may be executed in counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signatures through electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of an original agreement for all purposes. Signatures of the parties transmitted electronically shall be deemed to be their original signatures for all purposes. Photocopies of this Agreement shall be considered legally binding.

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I understand and agree to the terms set forth in this Agreement.

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