LAUREA PUBLISHING SERIES PUBLICATION AGREEMENT
1. PARTIES
(1) LAUREA
Laurea-ammattikorkeakoulu Oy (”Laurea”)
Business ID 1046216-1
Ratatie 22, 01300 Vantaa
(2) AUTHOR OF THE WORK (”the Author”)
Laurea and the Author together ”Parties” and each individually ”Party”.
The work or part of the work to which the Agreement relates (e.g. a photograph) may have one or more authors and / or rightholders. However, in the event that a work or part of a work has more than one author and / or rightholder, only Laurea and the aforementioned Author, who approves this Agreement, shall be considered as Parties to this Agreement.
However, the publication of the Work under this Agreement requires the consent for publication of all natural or legal persons who are considered as an author or a rightholder.
For the sake of clarity, Laurea may not publish the Work until all persons considered to be authors and / or rightholders have individually and independently accepted this Agreement or otherwise consented to the publication of the Work or its material.
2. SUBJECT OF THE AGREEMENT AND PUBLISHABLE MATERIAL
2.1. The subject of this Agreement is the material produced by the Author and intended for publication, "the Work".
2.2. The Work refers to all material included in it at the time of signing this Agreement, such as manuscript text, pictures, photographs, charts, maps, and other material. The burden of proof that certain material does not belong to or is not a part of the Work lies with the appealing Party.
3. BACKGROUND AND PURPOSE
3.1. The purpose of this Agreement is to agree upon the publication of and making the Work available to the public by Laurea.
3.2. Laurea publishes a publication series Laurea Julkaisut I Laurea Publications (”the Series”). The aim of the Series is to promote Laurea’s expertise and development activities and to engage in public debate in Laurea’s areas of expertise.
3.3. Laurea's publications are mainly produced in electronic form. If necessary, the publication can be printed. The ISSN of the Series is 2242-5241 (printed), ISSN 2242-5225 (web publication). In addition, each publication in the series is assigned a unique ISBN number.
4. PUBLISHING THE WORK UNDER OPEN LICENSE
4.1. By this Agreement, the Author grants Laurea the right to publish the Work under open license. Laurea's right to make the Work available to the public is permanent and valid even if the Agreement is terminated.
4.2. The Work will be published and made available to the public under Creative Commons License CC BY-SA 4.0 (Attribution-ShareAlike 4.0). For the sake of clarity, after publishing, pursuant to the CC BY-SA 4.0 license, the Work will be freely available to anyone (including Laurea), for example, for creating physical or electronic copies of it and making it available to the public.
4.3. Before publishing, Laurea has the right to make decisions regarding the print, typography, cover and publication layout used in the publication. Prior to publication, the Author shall check the grammar and spelling of the manuscript in accordance with good practice in the publishing industry. Prior to publication, Laurea may not, without the Author's consent, modify the Work beyond what is required of editing, publishing and technical solutions.
4.4. The open license used to publish the Work may later be changed by Laurea to another open license if the needs of the Series and Laurea's publishing activities so require.
4.5. For the sake of clarity, publishing the Work under open license does not constitute a waiver of the Copyright, the Copyright remains with the Author in accordance with the Creative Commons License and the Author’s right to use the Work is not restricted by this Agreement. Similarly, in the event that the Work or a part thereof has more than one author and / or rightholder, their rights are not limited by this Agreement.
5. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
5.1. Copyright in this Agreement means copyright and related rights (“the Copyright”). This Agreement is not intended to assign the Copyright between the Parties.
5.2. The Copyright of the Work belongs to the Author. In a situation where the Work or a part thereof has more than one author and / or rightholder, the Copyright belongs to the authors and / or rightholders.
5.3. For the sake of clarity, Parties own all of their Intellectual Property Rights and that this Agreement is not intended to assign any Intellectual Property Rights between the Parties.
5.4 Intellectual property rights in this Agreement means copyright and related rights, patents, utility models, design rights, domain names, trademarks, trade names and all other intellectual property rights (whether or not they are registered or registrable) and any application relating to any of the foregoing, and any trade secret and confidential information ("Intellectual Property Rights").
6. THIRD PARTY RIGHTS
6.1. The Author is responsible for ensuring that the Work does not infringe any third party’s Copyright or other Intellectual Property Rights, honor, privacy or other rights occurring in any legislation.
6.2. The Author warrants that the Authors have the right to control the Work referred in this Agreement and no other rights or claims are directed to the Work or its related rights and that coming to an agreement concerning the Work or its related rights does not require the consent of any third party.
6.3. However, if the Work or any part thereof referred to in this Agreement contains material subjected to the rights of third parties, the Author warrants that the Author has all necessary rights for such third party material to be published in the Series.
6.4. In the event that the Work has more than one author and / or rightholder, they shall be jointly and severally responsible for the warranties and obligations imposed on the Author by this Agreement, and Laurea may direct any possible claim under this Agreement or any legislation, to any such individual, who has individually and independently accepted this Agreement.
7. PERSONAL DATA
7.1. The Author shall ensure that any personal data of natural persons (e.g. pictures or other personally identifiable information) is not unnecessarily included in the Work.
7.2. If the Work contains personal data within the scope of applicable law, the Author is obliged to inform Laurea thereof.
7.3. The Author is responsible for obtaining and maintaining the necessary consents for the inclusion of personal data in the Work, and the Author is responsible for having the consent of the natural person in question or, if applicable, his or her legal representative, to display natural persons as part of the Work.
7.4. The Author is obliged to notify Laurea in writing of any allegation or suspicion of any infringement concerning the Work immediately upon becoming aware of them.
7.5. The Author is required to assist Laurea, without compensation, if a claim is made against Laurea that the Work infringes the privacy of a natural person.
8. OBLIGATIONS OF THE PARTIES
8.1. The Author warrants that he / she has read and understands the terms of the CC BY-SA 4.0 license used in publishing the Work.
8.2. Laurea publishes the Work under open license on behalf of and with the consent of the Author.
8.3. No royalty, remuneration or other compensation shall be paid to the Author under this Agreement for the publication of the Work.
8.4. Before publishing, the Author must submit the Work to Laurea in a format requested by Laurea, such as a Word-file. The Author ensures that the Work submitted to Laurea complies with Laurea's publishing guidelines.
8.5. Laurea shall bear, at its own expense, all costs of publishing the Work under this Agreement.
8.6. The Author is obliged to notify Laurea immediately if the warranties under Section 6 prove to be incorrect.
8.7. The Author is obliged to notify Laurea immediately if he / she discovers an error in the Work, even if it occurs after the Work has been published.
8.8. For the sake of clarity, Laurea will, in all circumstances, decide how to respond to any claims directed at the Work and, where appropriate, will also be authorized to settle the matter on behalf of the Author.
9. INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS
9.1.Laurea has the right to check the work with a plagiarism prevention program before publishing. Laurea has the right to retain from publishing a work that contains plagiarized material.
9.2 The Author is obliged to notify Laurea in writing of any allegation or suspicion of any infringement related to the Work immediately upon becoming aware of them.
9.3. The Author is required to assist Laurea, without compensation, if a claim is made against Laurea that the Work infringes the intellectual property rights of a third party.
9.4. For the sake of clarity, Section 8.8 of this Agreement also applies to the situations set forth in Section 9.
10. DISPUTE RESOLUTION
10.1 This Agreement is governed by the laws of Finland without regard to its principles and rules on conflict of laws.
10.2. Any disputes between the Parties arising out of this Agreement shall be primarily resolved by negotiations between the Parties. If the disputes cannot be resolved amicably by negotiations, the disputes arising from the Agreement shall be settled in the Itä-Uusimaa District Court.
11. VALIDITY AND AMENDMENT OF THE AGREEMENT
11.1. This Agreement shall enter into force upon signature or after being otherwise certified by the Author and shall thereafter remain in force for ten (10) years.
11.2. Otherwise, amendments to this Agreement require the consent of both Parties. In order to be valid, all amendments to this Agreement must be made in writing.
12. ASSIGNMENT
12.1. Laurea has the right to assign this Agreement and the rights and obligations thereunder as part of its business arrangements to the extent that the assignment relates to Laurea's publishing activities under this Agreement.
12.2. In other respects, the Parties have no right to assign this Agreement without the prior written consent of the other Party.