sample language to plan for revisions

(Deb Quentel) #1

Re: [Office Hours: Developing Maintenance Plans for Published Open Textbooks (21 February 2019](2 pm EST/ 11 am PST))

Folks, I had offered to share the paragraph we use in our author agreements anticipating a continuing relationship with the author and planning for future revisions. Here it is - with this usual disclaimer of this isn’t legal advice - and is based on US laws.
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[AUTHOR] and [ENTITY] agree that up-to-date materials are more valuable for faculty and students. Therefore, it is the desire of both parties for [AUTHOR] to revise the Book at least every year and more frequently if agreed to by both parties. [AUTHOR] has the right of first refusal to undertake or reject [ENTITY’s] request for revisions. [AUTHOR] understands that law school casebooks must be selected in advance of the start of each semester. To aid [ENTITY’s] efforts to prepare [AUTHOR’s] book for adoption by other faculty, [AUTHOR] agrees to work with [ENTITY] and to set a schedule for revisions and, to then work within that schedule, to complete revisions according to that schedule and in time for adoption in the appropriate semester. For each revision cycle, in consideration of $X (XXX and no/100 US dollars), [AUTHOR] hereby agrees to assign to [ENTITY] the entire right, title and interest of any kind throughout the world (including but not limited to copyrights, moral rights, trademarks, and other proprietary rights) in and to the Book, and all applications to register or registrations of any rights in the work created. If [AUTHOR] is unable to update the book and [ENTITY] has determined that updates are needed, [ENTITY] has the right to hire another law professor to update and revise the material. And, at [ENTITY’s] discretion that revising faculty member may be listed second to the [AUTHOR] as an author.
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Regards,
Deb Quentel - CALI

(Apurva Ashok) #2

@dquentel This is extremely helpful – thank you so much, Deb! Valuable to those working in the US, and a great starting point for folks like us working outside the States. :slight_smile: