Licence Agreement

AGREEMENT ON THE TRANSFER OF COPYRIGHT
(GENERAL TERMS FOR PUBLICATION IN BRATISLAVA LAW REVIEW)
(Version 1/2020)

I. 
Parties to the agreement:
1. Publisher: Univerzita Komenského v Bratislave, Právnická fakulta (Comenius University in Bratislava, Faculty of Law)
Registered seat: Šafárikovo nám. 6, 810 00 Bratislava, Slovak Republic.
Comenius University in Bratislava is non-profit public university established under legal order of the Slovak Republic.
(hereinafter “Publisher”)
2. Author (in the case of several co-authors, they are acting jointly and in this agreement are together referred as “Author”).

II.
1. The Author by submitting his or her scientific written work, written discussion paper or written review (hereinafter “Article”) irrespective means of the submission agrees fully and irrevocably with the terms of this contract. Submission of the Article means provision of the text of the Article to the Publisher and declaring his or her will, in whatever means and form, to have the Article published in scientific journal „Bratislava Law Review“ (hereinafter „Journal“). The Author can revoke this agreement only before acceptance of the Article by the Editor.
2. This agreement is effective if and when the Article submitted to be published in the Journal by the Publisher is accepted.
3. The Editor-in Chief and the Executive Editor appointed by the Publisher are authorized to act on behalf of the Publisher in editorial process, including confirmation of acceptance of the Article.
4. The acceptance of the Article shall be provided by electronic means, in particular via e-mail. The Publisher may confirm acceptance of the Article also by other means such as an acceptance letter send by post. At all times the Author shall confirm that they received the acceptance of the Article by electronic means.

III.
1. The Author grants to the Publisher the following rights to the Article, including any supplemental material, and any parts, extracts or elements thereof:
a) the right to publish, republish, transmit, sell, distribute and otherwise use the Article and any supplemental tables, illustrations or other information submitted therewith that are intended for publication as part of the Article in electronic and print editions of the Journal, in all forms and media whether now known or hereafter developed, throughout the world, in all languages, for the full term of copyright, effective when and if the Article is accepted for publication.
b) the right to provide the Article in electronic and online forms and systems.
2. The rights pursuant to paragraph 1 shall be granted free of charge as exclusive rights for the duration of the copyright, each unlimited in geographic scope; retention of rights by the Author under Article V of this contract are not affected.
3. The Publisher may transfer the rights granted to it pursuant to paragraph 1 in whole or in part to third parties, or may grant licenses to third parties to use rights to which it is entitled.
4. The Author furthermore grants the Publisher the exclusive and permanent rights without any restriction as to content and territory for all forms of media of expression now known or that will be developed in the future. The grant of rights shall also extend to the exploitation of rights of use both in the Publisher’s own publishing company and through the grant (including a partial grant) of rights to third parties in exchange for remuneration or free of charge.

 

IV.
The Author confirms and warrants that
a) the Article is original and the Article or substantial parts thereof have not been published elsewhere,
b) the Article is not currently being considered for publication by any other journal and will not be submitted for such review while under review by Bratislava Law Review;
c) contribution of individual authors to the creation of the Article is properly provided and all authors and co-authors are disclosed (anti-ghostwriting policy);
d) sources of funding for research are presented in the Article itself,
e) the Author obeyed rules of academic and publication ethics;
f) the Author obtained written permission from copyright owners for any excerpts from copyrighted works that are included, if it is required by law, and have credited the sources in the Article;
g) if the Article was prepared jointly with other authors hereinafter referred to as co-author(s), these co-author(s) have been informed of the terms of this Agreement and that these co-authors have authorized the Author submitting the Article to conclude this Agreement on their behalf as their agent;
h) the Article contains no libellous or other unlawful statements and does not contain any materials that violate any personal or proprietary rights of any other person or entity.

V. 
The Author retains or is hereby granted without the need to obtain further permission the retained rights. The retained rights include:
a) the right to make print or electric copies of the Article published in the Journal for their own personal use, including for their own classroom teaching use;
b) the right to make copies and distribute copies, including via e-mail, of the Article published in the Journal to research colleagues, for personal use by such colleagues;
c) the right to present the Article published in the Journal at a meeting or conference and to distribute copies of such paper or article to the delegates attending the meeting;
d) patent and trademark rights and rights to any process or procedure described in the Article published in the Journal;
e) the right to include the Article published in the Journal, with full acknowledgement of its original publication in the Journal , in full or in part, in a thesis or dissertation;
f) the right to use the Article published in the Journal or any part thereof in a printed compilation of works of the author, such as collected writings or lecture notes subsequent to publication of the Article published in the Journal;
g) the right to prepare other derivative works, to extend the journal article into book-length form, or to otherwise re-use portions or excerpts in other works, with full acknowledgement of its original publication in the Journal.

VI.
1. The Publisher reserves the right to reject the Article or its part, if whatever deficiencies (formal or essential) are identified, and in particular if the Article:
a) fails to meet the criteria of a work in the sense of copyright,
b) fails to meet the accepted Journal’s formal standards,
c) fails to explain the subject matter enough, includes simplifications or falsehood,
d) displays disqualifying editorial defects.
2. In the situation referred to in paragraph 1, the Publisher may:
a) prolong the time limit for the delivery of the Article,
b) accept the work, in agreement with the Author,
c) withdraw from the contract.
3. If the time limit as designated in paragraph 2 subparagraph a) expires and the Article still fails to meet the requirements, the Publisher may withdraw from the contract.

VII.
All rights pursuant to Art. II. to V. shall revert to the Author should the Article be rejected during the publication process.

VIII.
1. The Publisher is allowed present on-line version of the Journal on its webpage or via other webpage which content is manager by the Publisher (hereinafter „Journal webpage”).
2. The electronic version of the Journal and its articles may be accessible on-line via the Journal webpage under the Creative Commons Attribution-NonCommercial-NoDerivatives (CC BY-NC-ND) or similar.
3. The Publisher may contain following data of the Author provided by the Author himself or herself: name and surname, academic titles and positions, affiliation of the Author in the time of the submission and its address, e-mail address of the Author, database identifiers of the Author, such as ORCID, Web of Science ResearcherID, Scopus Autor ID, or similar.

IX.
1. All matters not covered under this agreement shall be subject to laws on copyright and related laws that are in force in the Slovak Republic in the time of the acceptance of the Article.
2. Any disputes under the present agreement shall be settled by the courts due for the Publisher.

X.
Rights and duties of the Publisher and the Author are covered by this agreement unless individual contract concluded between the Publisher and the Author stipulate otherwise.