Legal
Dear authors!
We bring to your attention the editorial policy of Arbitration.ru magazine regarding the registration of intellectual property rights to articles and / or other materials that you submit for publication in the journal.
According to the contract below, the Author, who intends to publish the Work in one or in several Editions, sends the Work to editor@arbitrations.ru.
PUBLISHING AGREEMENT
The Russian Association for Promotion of Arbitration (OGRN 1137799009996 assigned on 05.16.2013), represented by Secretary General Zykov Roman Olegovich, acting on the basis of the Charter (hereinafter referred to as the “Acquirer”), on the one hand, and “Author”, the person with whom The Association has agreed in writing on the potential publication of the text or photo / video / graphic work sent by him, on the other hand, collectively referred to as the “Parties”, and separately the “Party”, concluded this agreement (hereinafter - the “Agreement”) as follows.
1. GENERAL PROVISIONS
1.1. The Acquirer assigns, and the Author makes commitment to prepare and provide the Acquirer with the text of the article(s) (hereinafter referred to as the “Work”).
1.2 The Author transfers to the Acquirer the exclusive right to the Work belonging to him in full on a free of charge basis (gratuitous alienation of an exclusive right).
1.3 The Work will be an integral part of the periodical (Arbitration.ru magazine), the exclusive rights to which belong to the Acquirer (hereinafter - the "Journal").
1.4 The fact of the handover of the Work free of charge is confirmed by sending it by e-mail.
2. WARRANTIES OF THE PARTIES
2.1 The Author guarantees that:
a) he is the Author, and in the case of joint authorship - co-Author of the Work;
b) at the time this Agreement comes into force, the Author does not know anything about the rights of third parties that could be violated by the alienation of exclusive rights to the Work under this Agreement;
c) at the time of conclusion of this Agreement, exclusive rights to the Work are not alienated, not mortgaged, not transferred to other persons under license agreements;
d) at the time of the conclusion of this Agreement, the Rights of the Author are not challenged in court or by any other legal means;
e) by concluding the Agreement, the Author does not violate the non-property rights of third parties.
2.2 The Acquirer guarantees the compliance with the legitimate interests and inalienable rights of the Author.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Under this Agreement, the Author provides the Acquirer with an exclusive right to the Work free from any third-party rights in full for use by any means, in any form and in any language.
3.2 By joining this Agreement, the Author gives his consent to the storage, processing and use of his personal data in accordance with the RAA Privacy Policy and paragraph 1 (a) of Art. 6 GDPR.
3.3. The Acquirer has also the right to:
3.3.1 Accept for publication and publish the Work as a part of the issue of the Journal.
3.3.2 Edit the Work (including the reduction), without changing the essence of the Work.
3.3.3 Distribute the Work throughout the world on a paid and free basis.
3.3.4 Translate the Work into any foreign languages with a view to their further publication and distribution.
3.3.5 To publicly share the Work through telecommunication networks, including the Internet.
3.3.6 Replicate (reproduce) and distribute the Work on any type of media without circulation limitations.
3.3.7 Publish and distribute the Work in collections and publications issued by the Acquirer, including the Journal.
3.3.8 On his behalf, as the holder of exclusive copyright to the Work, carry out judicial and other prosecutions against persons who illegally use the Work and violate the rights of the Acquirer.
3.3.9 Use the copyright protection mark ("copyright"), which consists of the Latin letter "C" in a circle, - ©, the name of the Arbitration Association and the year of the first publication of the Work.
3.4. The Acquirer undertakes to publish the Work with the name of the Author (co-authors).
3.5 The author has the right:
3.5.1 To be indicated as the Author of the corresponding Work in the Journal.
3.5.2 Post the Work on the Internet with reference to the full name of the Journal, the Acquirer and the Acquirer's website www.journal.arbitration.ru.
3.6 The author undertakes to:
3.6.1 Submit the Work for publication.
3.6.2 When preparing the Work, take into account the recommendations of the Acquirer.
3.6.3 When quoting works of other authors in the Work, make a mandatory reference to the names of such authors and a source. In the absence of such a link, the Author bears all responsibility for copyright infringement of another author.
3.6.4 Present the manuscript of the Work by sending it in Microsoft Word or Adobe pdf format to the e-mail of the Acquirer's representatives.
3.6.5 Immediately rework the Work by making changes, additions or reductions to it in case of receipt of the relevant offers of the Acquirer.
3.6.6 After receiving the final version of the Work from the Acquirer (with typos and errors corrected if necessary), check this version within 3 days and confirm its consent to the publication or make appropriate changes that do not change the essence of the Work. If the Author does not receive a response within 3 days, the final version of the Work is considered agreed and ready for publication.
4. OTHER CONDITIONS
4.1 The exclusive right to the Work passes to the Acquirer at the time of transfer of the Work to the Acquirer.
4.2 In the event of termination of the Agreement in the future, the right to use the Work in terms of the exclusive license, including the powers specified in clauses 3.4, 3.4.1 - 3.4.9 of the Agreement, shall remain by the Acquirer for the time period following the termination of the Agreement equal to the length of the exclusive right in relation to the work published in the Journal.
4.3. The Purchaser agrees to use the Work in full accordance with the terms of this Agreement.
4.4. All disputes under this Agreement are to be resolved through negotiations.
4.5 In case Parties fail to reach an agreement by negotiation, all disputes arising from the Agreement shall be resolved in a competent state court at the place of the Purchaser after 20 working days after one Party receives a reasoned written claim from the other Party.
4.6 This Agreement is made in duplicate, both copies having equal legal power, one copy is kept by each of the Parties.
4.7 The Agreement enters into force upon approval of the Work for publication by the Editor-in-Chief of the Journal. The terms of the Agreement, including terms and their definitions, are subject to the norms of Russian law.
4.8 All changes and amendments to the Agreement are valid only if they are made in writing and signed by the Parties or their authorized representatives.