Joint Ownership of Copyright Terms
These Terms are presented and made from the date of initial article and supporting materials submission to Warped and Weft, by and between article authors (“Author,” and if there is more than one author then all of them collectively) and Warped and Weft – warpednweft.com – (“Website”).
Foreword
Unlike many Websites, Warped and Weft does not assume exclusive copyright of any submissions from authors, but instead employs a joint ownership of copyright model.
Articles
The Parties recognize that multiple Authors have created and submitted articles and supporting material (with each individual article submitted by an external author to be known as the “Work”), and while the Author named in this Agreement does possess an ownership interest, and in light of this, the Parties are joint owners of the Work. Under law, as joint owners each could act independently of the other in exploiting the Work, with no an obligation to account to each other for a share of any profits. In furtherance of their mutual objectives, the Parties instead will allocate certain of their jointly held rights and responsibilities as set forth in this Agreement.
Works submitted by the Websites founder shall be considered Internal Works. Works submitted by authors other than the Websites founder shall be considered External Works.
THE AUTHOR AND THE WEBSITE AGREE THAT:
1. Rights Granted
(a) The Parties have not chosen to allocate the exclusive right to commercially exploit the Work to either Party. Each Party retains all their rights to license the Work to others and to use the Work for non-commercial and commercial purposes.
(b) The Parties shall not share in royalties from any commercial exploitation by either of them as set forth in Section 8.
(c) This agreement outlines an Authors relationship to their own submitted articles and Works. A submitting author, external to the Website, shall have no interest or rights in the Works of an article submitted by another external author.
2. Description of Author’s contribution to the Work
The Author’s contribution to the Work which is the subject of this Agreement includes all textural; pictorial and submitted amendments and author supplied comments.
3. Completion of the Work
(a) The Author will prepare and deliver to the Website the Author’s contribution to the Work (with all illustrations, charts, graphs, and other material, including handouts, reference lists, etc., in the medium mutually agreed upon for the Work) in form and content satisfactory to the Website.
4. Quoted Material
With the exception of short excerpts from others’ works, which constitute fair use, the Work will contain no material from other copyrighted works without a written consent of the copyright holder. The Author will obtain such consents pertaining to Author’s contribution to the Work at his or her own expense after consultation with the Website and will file them with the Website at the time the Author’s contribution to the Work is delivered. Any obligations associated with permissions pertaining to Author’s contribution will be the responsibility of the Author.
5. Publication of the Work
The Work shall be distributed, transmitted or published by the Website as soon as circumstances permit after receipt, at its own expense, in such manner as the Website shall deem appropriate.
6. Copyright
The Author authorizes the Website to register copyright of the Work in the Author’s and Website’s names in the United States and elsewhere as the Website may elect.
7. Author’s Warranty
The Author warrants that he or she is the owner of Author’s contribution to the Work and has full power and authority to make this Agreement; that the Work does not infringe any copyright, violate any property rights, or contain any scandalous, libelous, or unlawful matter. The Author will defend, indemnify, and hold harmless the Website and/or its licensees against all claims, suits, costs, damages, and expenses that the Website and/or its licensees may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Work or any infringement or violation by the Work of any copyright or property right; and until such claim or suit has been settled or withdrawn.
8. Consideration
In consideration of this Agreement, Website and authors agree that no financial compensation will be paid upon delivery and acceptance of the Author’s contribution to the Work.
In further consideration of delivery of the Work in accordance with the provisions of this Agreement, Website shall not share in any profits or revenues resulting from the commercialization of the Work.
9. Subsidiary Rights
Each party shall have the right to license, sell, or otherwise dispose of the following rights in the Work: Publication or sale by book clubs; reprint rights; foreign rights; translation rights; publication in anthologies, compilations, digests, condensations; first and second serial rights (in one or more installments); dramatic, motion picture, and television rights; broadcast by radio; recordings; electronic, mechanical, and visual reproduction; computer programs; microprint, microfiche, and microfilm editions; syndication rights; permission rights (quotations, excerpts, illustrations, etc.); any other rights to the Work not specifically enumerated; and otherwise utilize the Work and material based on the Work.
10. Revisions
The Author shall retain the right to revise the Author’s contribution to the Work during the term of this Agreement. The provisions of this Agreement shall apply to each revision of the Work by the Author as though that revision were the Work being published for the first time under this Agreement. From time to time, changes and updates may be needed to a submitted article, in the event of such changes, and the Author is unable or unwilling to provide a revision within ten (10) days after the Website has requested it, or should the Author be deceased, the Website may have the revision made at their discretion and may display, in the revised Work and in advertising, the name of the person or persons who perform the revision.
11. Term and Termination
(a) This Agreement shall remain in effect for [ten (10)] year(s) unless terminated earlier in accordance with this Section 11. Upon expiration of the term and any renewal term(s) agreed upon pursuant to Section 11(c), or upon earlier termination in accordance with Section 11(b), the rights granted in the Work shall revert to those provided to joint owners under law.
(b) In the event that either Party shall be in default of its material obligations under this Agreement and shall fail to remedy such default within sixty (60) days after receipt of written notice thereof, this Agreement shall terminate upon expiration of the sixty (60) day period.
(c) Upon the expiration of the term of this Agreement, the parties may agree to renew this Agreement for an additional [five (5)] year term, upon the same terms and conditions as set forth herein.
12. Options/Contracts with Third Parties
Nothing contained in Section 11 shall affect any license or other grant of rights, options, or Agreements made with third parties prior to the termination date or the rights of either Party in the income resulting from such Agreements.
13. Amendments
The written provisions contained in this Agreement constitute the sole and entire Agreement made between the Author and the Website concerning this Work. This agreement may be updated from time to time, with the most recent copy of the Agreement being available at http://www.warpednweft.com//joint-copyright-statement/
14. Construction, Binding Effect, Assignment and Consent
This Agreement shall be construed and interpreted according to the laws of the State of Florida and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Author and to the Website shall include their heirs, successors, assigns, and personal representatives.
By submitting the Work to this site, you consent to this agreement by warpednweft.com. If we decide to change our Joint Ownership of Copyright Terms policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.