for the right to use academic work
in the journal “Literature of the Americas”
the founder of which is
Federal State Budgetary Institution of Science
A.M. Gorky Institute of World Literature of the
Russian Academy of Sciences
Moscow «_____» ___________ 2016г.
Authors (Co-authors)________________________________________________________________ ,
hereinafter referred to, individually or jointly, as “the Author (Co-authors),” and A.M. Gorky Institute of World literature of the Russian Academy of Sciences, hereinafter referred to as “Publisher,” represented by Director Vadim V. Polonsky, acting on the basis of the Charter, have concluded the present agreement as follows:
- As of the effective date of the Agreement, the Author grants the Publisher the exclusive license to use the academic work free of charge; the work is hereinafter referred as Article created by the Author (Co-authors) for the duration of copyright under the applicable law of the Russian Federation; the Article entitled
(the title of the Article)
is approved and accepted for publication by the Editorial Board of the journal “Literature of the Americas” to the extent provided in this Agreement, without retaining the Author (Co-authors) the right to issue similar licenses to other persons.
In accordance with paragraph 2 of the article 1270 of the Civil Code of Russian Federation and this Agreement, the use of the Article means:
- reproduction of the Article or its separate parts in Russian in any material form, including paper and electronic media, in journals and/or databases of the Publisher and/or other persons at the discretion of the Publisher and/or Founder of the Journal;
- distribution of the Article or its separate part in the Journal and/or databases of the Publisher or other persons at the discretion of the Publisher and/or Founder of the Journal, or as a separate work around the world;
- making the Article available to the public so that any person can access the Article from any place and at any time at his or her own choice (making it available to the public, including via the Internet);
- sub-license (giving permission to use the Article and its specific materials)of therights to use the article by the third parties obtained by the present Agreement, with notification of the Author by posting relevant information on the website of the Publisher.
- other rights not expressly granted to the Publisher under this Agreement, including patent rights for any processes, methods or techniques, etc. described by the Author (Co-authors) in the Article, as well as trademark rights remain with the Author (Compilers) and other copyright holders.
The granting of the rights under this agreement includes the right to manage the provision of the Article for its use in interaction with computer programs and systems (databases), publications and dissemination in machine-readable format and implementation of the search system (database).
- The author (co-authors) guarantees that:
2.1. He/she (they) informed other co-authors about the terms of this Agreement and received the consent of all the Co-authors to the conclusion of this Agreement on the terms stipulated in the Agreement;
2.2. The article is an original work submitted only to this Journal and the Author (Co-authors) have not published the Article in the volume of more than 50% earlier in other printed and/or electronic editions, except for the publication of the Preprint (manuscript) of the Article;
2.3. This article contains all the links to the cited authors under the current copyright law and/or publications (materials) that the Author (Co-authors) have obtained all necessary permissions for the use of theresults and facts as well as other borrowed materials that the Author (Co-Authors) have no copyright for;
2.4. The article does not contain materials that are not subject to publication in the press, in accordance with the applicable legislative acts of the Russian Federation and its publication and distribution will not result in disclosure of secret (confidential) information (including state secrets).
- The rights and obligations of the Author (Co-authors)
3.1. The author undertakes:
3.1.1. To submit a manuscript in accordance with the Rules for authors published on the website of the Publisher or in the Journal.
3.1.2. In the process of preparing the Article for publication:
- to amend in the body of the Article corrections suggested by reviewers and accepted by the Editorial Board of the Journal and/or, if necessary, to revise the Article at the request of the Publisher;
- toread the proof(s) of the Article within the time stipulated by the release schedule of the Journal;
- to make minimum alterations in the proofs, e.g. correct mistakes made in the original Article and/or make factual and situational changes.
3.1.3. Not to publish the Article in the volume of more than 50% in other printed and/or electronic media in the Russian language without the consent of the Publisher.
3.1.4. Not to use the electronic copy of the Article prepared by the Publisher, in case of its transmission to the Author, for commercial purposes and in other editions, without the consent of the Publisher.
3.2. 3.2. The Author (Co-authors) has a right:
3.2.1. To use print or electronic preprints of the unpublished manuscript having the form and contentsas accepted by the Publisher forpublication in the Journal. Such preprints may be posted as electronic files on the website of the Author (Co-authors) or on a secure external website of the employer of the Author (Co-authors) of the Article but should not be used for commercial sale or systematic external distribution by a third party.
The Author (Co-authors) should:
- include in the Preprint the following warning: “This is a Preprint of the Article accepted for publication in (the title of the Journal, (C), copyright (year). The owner of the copyright as specified in the Journal)”;
3.2.2. To make photocopies or pass on the copy of the printed Article, either in its integrity or a part, to colleagues for personal or professional use, for the promotion of academic or scientific research or for informational purposes of the employer.
3.2.3. To use materials from the published Articlein the book written by the Author (Co-authors).
3.2.4. To use individual figures or tables and text extracts from the Article for personal purposes of study or for the inclusion in other work, or for publication in electronic format in an internal (protected) computer network or external website of the Author (Co-authors) or his/her employer.
3.2.5. To include the materials of the Article in education packs for the use in the classroom, for free distribution of the materials among the students of the Author (Co-authors) or save the materials in electronic format on a local server for the access by students as part of their educational course, as well as for internal training programs in the establishment of the employer.
- 4. The rights and obligations of Publisher
4.1. Publisher agrees:
4.1.1. To provide the peer-review of the Article, its scholarly, literary, artistic, and technical copy-editing, production of paper and electronic artwork, at his expense. Reproduction of the Journal’s issue with the article of the Author in paper and electronic form and its distribution in accordance with the terms of this Agreement.
4.1.2. To consolidate alterations made in the Article subject to the conditions of PP. 2.4 and 3.1 of this Agreement with the Author (Co-authors).
4.1.3. To provide the Author (Co-Authors) with the proofs of the Article’s layout and insert reasonable amendments by the Author (Co-authors) in the Article that shall not exceed five corrections per thousand characters subject to the conditions of section 3.2 of this Agreement.
4.1.4. To provide the Author with an electronic file of the Article after its publication provided email addresses by the Author (Co-authors).
- 5. The publisher guarantees:
- the right to inviolability of the Article and its protection from distortion, the current standard of printing works, copyright protection against illegal use of the Article by third parties and respect of the copyright and the Authors (Co-authors’) right to a name.
- The publisher has the right:
6.1. In case of any subsequent permitted use of the Journal and/or of the Article (including any of its separate parts or fragments) by the Author (Co-authors) (and/or other persons), to require from the specified persons a reference to the Journal, the Publisher or other copyright holder of the Journal, the Author (Co-authors) or other copyright holders, Article title, volume, issue and year of publication as specified in the Journal.
6.2. To place pre and/or promotional information about the forthcoming publication of the Article in the media and other information sources.
6.3. To establish rules (conditions) for acceptance and publication of the Journal’s materials. The Editorial Board has the exclusive right to accept and/or reject materials submitted to the Editorial Board of the Journal. In case of rejection of the article for publication, the Editorial Board gives a motivated response to the Author.
- 7. Other terms of the Agreement
7.1. This Agreement shall enter into force in case and starting with the date of the decision on acceptance of the Article for publication by the Editorial Board and is valid for the period provided for in the paragraph 1 of this Agreement. If the Article is not accepted for publication or the Author (Co-authors) withdraw the manuscriptfrom the Journalat the stage of the decision-making by the Editorial Board, this Agreement shall not enter into force (is no longer valid). If the Article is accepted for publication, the Publisher shall notify the Author within 60 calendar days, provided the Authors’ (Co-authors’) contact phone numbers (addresses).
7.2. In accordance with the article 1269 of the Civil Code of the Russian Federation, the Author (Co-authors) has (have) the right to renounce a decision taken earlier about the publication (reproduction) of the Article (a right of withdrawal), provided the compensation of the losses caused by this decision to the Publisher. If the Article is published, the Author (authors) is (are) also obliged to give a public notice of its withdrawal. The Author (Co-authors) has (have) the right to withdraw the previously released copies of the Article and of the Journal from circulation and compensate the losses caused.
7.3. In case the publisher receives claims related to the violation of exclusive copyright and other intellectual property rights of the third parties whether on the stage of the Article’s creation or in connection with the conclusion by the Author (Co-authors) of the present Agreement,
The author undertakes:
- after receiving a notification from the Publisher, to immediately take action to resolve dispute with third parties and, if necessary, to join the trial at the side of the Publisher and take all reasonable action to exclude the Publisher as a defendant;
- to reimburse the incurred costs, expenses and losses caused by application of measures securing the claim and the execution of the court decision including the sums of money paid to a third party to compensate the violation of exclusive copyright and other intellectual property rights as well as other damages incurred by the Publisher in connection with the failure of the Author (Co-authors) to comply with the guarantees they provided under this Agreement.
- The Parties agreed that in accordance with the article 160 of the Civil Code of the Russian Federation, they admit and recognize reproduction of the text of the present Agreement and signatures of the Parties on this Agreement and other documents related to its conclusion using the means of mechanical, electronic or other forms of reproduction of the handwritten signature and the text of the Agreement, which will have the same effect as original signature of the Party or the original document. Facsimile (electronic) copies of the documents are valid and have equal legal force, along with the original copy.
- In accordance with article 428 of the Civil Code of the Russian Federation, this Agreement is an adhesion contract (offer), the terms of which are determined by the Publisher and may be signed by the other party only by way of accession to this Agreement as a whole. The Author’s (Co-authors’) submission of the manuscript for publication in the Journal is considered to be the acceptance, e.g. consent of the Author (Co-authors) to publish the Article in accordance with the terms of this Agreement.