We are pleased to accept the submitted article (the Work) written by you (the Author) for publication in Mester (the Journal). In order to protect our respective copyrights, we ask that you enter into the following Agreement relating to publication of the Work.
1.    COPYRIGHT. The copyright in the Work shall remain with the Author, and nothing in this Agreement shall be construed as an assignment of copyright ownership to The Regents of the University of California (The Regents) or to the Journal. Except as otherwise provided in this Agreement, all rights in the Work under the Copyright Act of 1976 belong to the Author.
Authors may choose to use their own wording to reserve copyright. Please contact the Journal by email if this is something you require.

2.    LICENSE. The Author grants The Regents, on behalf of the Journal, a license to publish, reproduce, and distribute the Work in the Journal and in any and all other media, now known or hereafter developed. This license shall be exclusive for a period of two years from the date of execution of this Agreement, or one year from the date of first publication in the Journal, whichever is shorter, and nonexclusive for the remaining term of the copyright.
As part of the license that the Author grants pursuant to paragraph 2, the Author grants the Journal:

a.    the irrevocable, royalty-free right to: publish, reproduce, publicly display, publicly perform, and distribute the Work in perpetuity throughout the world in all means of expression by any method or media now known or hereafter developed, including, without limitation, electronic format in Lexis Advance, WestlawNext, HeinOnline, and other aggregated online collections; and to authorize one or more third party, print-on-demand services to reproduce and distribute the Work; and
b.    the irrevocable, non-exclusive right to create and store archival copies of the Work, including the right to deposit the Work in the open access digital repository eScholarship.

3.    The Author agrees that the Journal shall not pay the Author any part of any royalties it receives from any aggregator or print-on-demand services. Nor shall the Author claim any royalty or other compensation from any aggregator or print-on-demand service that the Journal authorizes to publish, reproduce, or distribute the Work pursuant to this Agreement.

4.    The Author agrees that the issue of the Journal in which the Work appears will be published in the open access repository eScholarship, where content may be downloaded, reproduced, and distributed, in whole or in part, by nonprofit institutions for educational purposes, including distribution to students, provided that copies identify the Author, the Journal, the volume, the number of the first page, and the year of the Work’s publication.

5.    For clarity, the Author always retains the following rights, including but not limited to, the right:
a.    to post the Work on the Author’s web page or any open access digital repository, provided that the Journal is cited as the source of first publication of the Work (e.g., “Originally published in Mester Volume XLV, 2016/2017, ##. (Where ## represents the page of the issue on which the Work begins);
b.    to reproduce and distribute the Work, and to authorize others to reproduce and distribute the Work, in any format, to students for classroom use, provided that the Journal is cited as the source of first publication of the Work; and
c.    to include the Work, in whole or in part, in another work of which the Author is the sole or joint author or editor, provided that the Journal is cited as the source of first publication of the Work.
In all other cases, the Author must obtain the Journal’s written approval to publish the Work anywhere else during the period of the Journal’s exclusive license.

6.    The Author represents and warrants the following, and understands that the Journal’s acceptance of the Work is contingent on the accuracy of the following representations:
a.    the Author is the sole author of the Work and the sole owner of the copyright in the Work, and, as such, the Author has the right to license the Work to The Regents on behalf of the Journal;
b.    the Author has not made, and will not make, any agreement which would be in conflict with this Agreement;
c.    the Work has not been previously published in whole or in part, and will not be published in whole or in part, in any manner that would violate the terms of this Agreement;
d.    the Work does not defame any individual or entity, or infringe upon any third party’s rights of publicity or privacy, or intellectual property or property rights; and
e.    if the Work reproduces any material that is the property of another for which permission is required, the Author warrants that proper permission to publish that material in the Work has been obtained, or that the material is being incorporated based on a reasonable, good faith application of “Fair Use.”

7.    The Author will notify the Journal within 30 days of any transfer of the Author’s rights to another party.

8.    The Author shall indemnify, defend, and hold harmless the Regents, the Journal, the California Digital Library, the University of California, and/or any of its agents, officers, employees, students, or licensees (the Indemnified Parties), for any damages, including any reasonable attorney’s fees and costs, that arise from the Author’s alleged breach of this Agreement or the warranties herein. The Author shall further indemnify, defend, and hold harmless the Indemnified Parties for any damages, including any reasonable attorney’s fees and costs, that arise from any claim by any third party of an alleged infringement of copyright or other intellectual property rights arising from the Author’s submission of the Work to the Journal or from the use of the Work by the Indemnified Parties. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

9.    This Agreement constitutes the sole and entire agreement between the Author and the Journal with respect to the publication and copyright of the Work. Any modification of or additions to the terms of this Agreement shall be in writing.