Publishers use Copyright Transfer Agreements (CTA's) to acquire the copyright to scholarly and creative works when they are published. Copyright Transfer Agreements generally have specific sections:
But CTAs also may not have specific sections. If that's the case then most, if not all, of the items listed above will still exist somewhere in the contract or in links listed in the contract as applicable to the agreement.
For alternative contract models and language to incorporate into your own publication agreements, please see the Resources section of this guide.
This section can also be called "assignment of rights." It lists the specific rights to be transferred from the author to the publisher. This can include:
This section also outlines any rights the publisher grants back to the author - essentially any uses the author will be able to legally make of the work outside of Fair Use stipulations.
This section lists the promises ("representations" or "warranties" in legal terms) that the author makes to the publisher regarding the work. For example:
This section includes any special terms the publisher wants included in the contract. Common examples (some of which apply specifically to book publishing) include the following provisions:
This section provides an opportunity for the author to disclose the following:
This section is generally broad legal language covering a range of legal situations, such as arbitration or force majeure. It may also include definitions. Space is provided for the author or both parties to sign.
This work is licensed under a Creative Commons Attribution NonCommercial 4.0 International License.
| Details and Exceptions