About the Rights to Use the Scientific Work in the Scientific E-journal “History, Archeology, Ethnology”
Legal entity under public law (LEPL) - Gori State Teaching University as the publisher of the International Scientific Electro-Journal “History, Archeology, Ethnology” (later on – the publisher0 represented by the rector Giorgi Sosiashvili on one side and …………….(Later – the author) on the other side, conclude a contract (later –the contract) about publishing the scientific work (later –the article), in the scientific journal “History, Archeology, Ethnology” on the following conditions:
- General Statements
1.1. This statement represents the public offering according to which the author sends their materials to the e-address of the journal:email@example.com, or uploads it as a program to the URL address - http://sciencejournals.ge/index.php/HAE/about/submissions.
1.2. According the international legislation on the copyright protecting, reproducing the materials from the e-journal fully or partially, in any form (electro- or printed type), is forbidden without the permission received in advance in the written form from the authors and editorial staff of the journal. When using the material alongside with the other documents it is necessary to mention the first source.
- Subject of the Agreement
2.1. In accordance with the represented agreement, the author gives the publisher for free the non-exclusive rights named in the paragraph 3.1 to use the article within the rights prescribed in the contract and for the time pointed in the agreement.
2.2. The author guarantees to have the exclusive rights in connection with article delivered to the publisher.
- Rights and Obligations of the Represented Sides
3.1. The author gives the following rights to the publisher for the 5 (five) years term:
3.1.1. Publishing the e-version of the article in the web-site of the journal (http://sciencejournals.ge/index.php/HAE) and in other data bases as well;
3.1.2. Reproducing the article (to publish, make it public in any other ways, duplicate, reproduce) or in any other forms without limiting the number of reproduced copies, among other ways in e-media, e-nets and data bases. Every copy of the article must include the name of its author;
3.1.3. The right to spread the article in any forms;
3.1.4. The right to reproduce the article (in meaning of creating a new one on the basis of the existed, which will be independent in the creative sense), translate it and make changes in the title of the text, make editorial notes which do not mean its remaking);
3.1.5. The right to show the article publicly and demonstrate it for informing, advertising and other goals.
3.1.6. To make the article public.
3.1.7. The right of concluding the license agreement with the third person that means giving the third person the right to use the article in the sense pointed out in the paragraph 3.1, without the payment to the author.
3.2. If none of the sides sends written notification to the other one, about stopping the contract not later than two months earlier before the end of the agreed five years contract, then the terms of the contract with the publisher resume automatically or the same period. The number of the resuming cases is not limited.
3.3. The term pointed in the contact item 3.1, should not go beyond the term of the author’s special right’s acting term in relation to the given article. In case of delivering the special right to the other person, the author is obliged to inform the publisher about the delivering of his rights as an author to somebody else by the written notice, as minimum, within three months earlier the fact.
3.4.The author guarantees that the article the rights of which was delivered to the publisher by the given agreement, represents an original work of the author.
3.5. The author guarantees that the article is not sent to anybody in order to copy it or for any other form of using.
3.6. The author guarantees that the article involves all the directives concerning the cited authors and publications that are considered by the acting law of the copyright; also it is guaranteed that the results and facts taken from other persons or organizations which are used in the given article do not contradict wirh the acting law of the intellectual rights do not break the law of the intellectual property of those persons or organizations.
3.7. The author guarantees that the article does not contain the materials publishing and spreading of which in the open press could cause breaking the law about the secret (confidential) information, including the National Security information.
3.8. The author guarantees that the license for using the article will not be passed to the third person until the date of the first publishing of the article is officially stated by the editor.
3.9. The publisher assumes the obligation to follow the rights of the authors according the acting legislation and to take all the necessary measures to prevent breaking the law concerning the author’s rights by the third side.
3.10. The publisher has the right to:
- fulfill technical and literary kinds of the editorial work without making any changes in the content;
- do an expert examination of the article and offer the author to make necessary changes until which the article will not be published;
- publish previously a public or/and advertising information about publishing the article in the media and other information sources;
- establish the rules (conditions) of admitting the material and the rules of publishing it in the journal.The editorial board of the journal has a right to choose or deny the material sent to the editorial board in sense of their publishing. The handwriting version sent to the editorial board of the journal is not meant to be returned.
- temporarily suspend the services meant in the author’s agreement because of technical, technological or some other reasons which hint to fulfil the necessary services during the time period in which the obstacles can be removed;
- stop providing services on the unilateral basis without the legal process in the following instances:
- a) If the article (or any part of it) do not conform the standard requests, is not relating to the contents of the journal, or the represented material is not fully completed to be published or the design of the article does not answer to the standards;
- b) The author breached the responsibilities for the contract;
- make changes in the contract to corresponde their procedure requirement.
- Validation of the Contract
4.1. The given contract becomes validated from the moment it is concluded, when the author snds the article to the journal e-address and it will be valid during 5 years. The contract will be automatically prolonged if neither of its sides declares their will to stop it.
- The Procedures of Making Changes in or Stopping the Contract
5.1. The editor is authorized to make changes previous to validation at least ten days earlier from its own side and to inform the author about this through the web site (http://sciencejournals.ge/index.php/HAE), or through sending the information by e-mail, the e-address of which is pointed in the author’s applying statement. The changes are validated from the date pointed in the message.
5.2. If the author does not agree the changes made in the given contract, he has a right to send a written note to the publisher about cancelling the agreement before the agreement changes are validated; if there are no notifications from the author, his reply will be considered positive and correspondingly, the contract continues to work according the changes made and validated.
5.3. The represented contract can be cancelled earlier, at any time, in accordance with the agreement between the sides;
5.4. The author has a right to one-side denying to fulfill the agreement about publishing the article through the written letter sent to the publisher no later than 45 days before the assumed date of publication ;
5.5.Termination of the contract for any reason does not free the sides from their responsibilities for the violation of the contract conditions in the period of its validity.
6.1. For violation of the responsibilities of the contract or for their partial performing, the sides are responsible in accordance with the Georgian jurisdiction.
6.2. All the information suggested by the author should be exact and reliable; the author is responsible for the accuracy and completeness of the delivered information. Having received the wrong information from the author the editor is not responsible for its publishing and the negative results;
6.3. The author is responsible only for observing the author’s rights and the customer’s rights, as detailed in the legislation;
6.4. As implied in the agreement, the editor does not have any responsibilities if:
a)he action is directly connected with the author;
- b) the author had some losses untied to the question if the editors could or could not make prognoses or avoid the losses.
6.5. he fact could or could not the editor do something to avoid the losses, if such losses are caused by the major sitiations, such as: activities of the state official organisations (among them, making any decisions on the juridicial acts), also the catastrophical situations such as major fires, flooding, earthquake, other natural disasters, epidemic situations, failing of electroenergy, computer systems, also strikes, civil disorders, uprising, and the like.
- The Rules of Dispute Resolution
7.1. The disputes considered by the given agreement are solved by the involved sides basing on the complaints which are discussed by the editorial board of the journal. The term includes 30 days by calendar. If the agreement cannot be reached, the case is delivered to the court.
7.2. If the problems discussed in the disoute cannot be solved the judgements are carried on in the court according the Georgian legislation.
- Other Conditions
8.1. Any kind of notice or appeal (except the documents which must be sent as the original in accordance with the Georgian law) are considered as received by the author if they are delivered (sent) by the editor through means of the journal’s web-site, (they are considered as the published documents); the notices must be sent appropriately through any channels of communication: namely, the e-mail and other communication channels, and the sides confirm that the juridical documents are received by them through the means of communication and they are received as officially valid. All the notifications, messages, demands and others sent by e-mail and other means of communications using the pointed and confirmed methods, are valid.
8.2. In case of the complaints against them, related to the violation of the publishing law towards the third person, the editors connect to the person as in the case of violation of the intellectual rights. The author takes his responsibilities connected to the third person rights:
- After the notice from the publisher is received, the measures should be immediately taken to settle the dispute with the third person. If it is necessary, the juridicial services should be asked to begin the case from the side of the publishing house and take every measure to exclude the editor from the number of respondents.
- The expenses existing for the editor resulting from the juridical costs to guarantee the court’s requests, must be paid as compensation for satisfaction of the Court’s requests and the sum of money paid to the third person for violation of the exclusive rights of the author and for violation of the rights connected to other intellectual property which were connected to unfulfilling the author’s guarantees given in the existing contract.
Signings of the „parties“
„Publisher “ „Author“
Gori State teaching University .....................................................
Address: 1400, Georgia, Gori Address: ...............................................
Chavchavadze ave. №43 ...............................................................
Rector ............................................ ..............................................................