Licence agreement

Below we present a model agreement with the Author regulating the scope of sharing his work by the Editorial Board of Wiadomości Archeologiczne . A request for filling, along with a link to the appropriate file, is sent to the Author at the final stage of the editorial process.



Concluded in Warsaw on ..............
by and between
Państwowe Muzeum Archeologiczne w Warszawie [State Archeological Museum in Warsaw] with its registered office in Warsaw (00-241) at the address ul. Długa 52, hereinafter referred to as “Museum”, represented by:
Dr. Wojciech Brzeziński – Director
and
Mr/Mrs ......................., residing at the address: ………………………, holder of the passport number ........................, hereinafter referred to as “Author”,
hereinafter jointly referred to as Parties, and individually a Party,

Whereas:
1. the Author wrote a scientific work on the topic that is directly related to the operations of the Museum;
2. as part of its operations, the Museum prepares, publishes and distributes the “Wiadomości Archeologiczne” journal.
3. The Author filed a request with the Editorial Staff of “Wiadomości Archeologiczne” to publish the Author’s scientific work in the journal.
4. The Museum expressed its interest in publishing the scientific work by the Author in the said journal.
The Parties amicably decide to make an agreement in the following wording:


1. The subject-matter hereof is the use by the Museum of a scientific work written by the Author, entitled ............................................................................................., hereinafter referred to as the “Work”, whose contents and form were specified in an appendix hereto.
2. The Parties amicably represent that the Work was delivered to the Museum by the date of conclusion hereof.


The Author represents that:
1. the Work is a work within the meaning of the provisions of the Act on copyright and related rights;
2. the Author is the sole creator of the Work entitled to financial copyrights to the Work;
3. the Work does not infringe any financial or moral rights of third parties;
4. the Author wishes to have the Work published as part of the publishing activity of the Museum.
5. The Museum represents that the Museum wishes to publish the Work in the “Wiadomości Archeologiczne” journal.


By virtue hereof and upon the date of conclusion hereof the Author authorizes the Museum to use the Work in perpetuity and without territorial restrictions, in particular by way of:
1. publishing the Work, in the form and contents as enclosed to this Agreement, in the “Wiadomości Archeologiczne” journal, annual volume ............, in any number;
2. publishing the Work at the websites of the “Wiadomości Archeologiczne” journal (www.wiadomosci-archeologiczne.pl; www.journalssystem.com/warch/) under the terms of Creative Commons CC BY-NC 3.0 PL license;
3. making the Work available in a digital repository of the National Library and other generally accessible (free of charge, without restrictions or technical protection) digital databases of scientific publications;
4. introducing individual copies of the “Wiadomości Archeologiczne” journal volume in which the Work was contained into trading;
5. using the Work as part of the library activity conducted by the Museum.


The Museum is entitled to select:
1. the number of copies of the given edition of the “Wiadomości Archeologiczne” volume in which the Work was contained;
2. graphic layout and the manner of publication.


The Parties hereto amicably agree that:
1. the authorization mentioned in Clause 3 hereof is granted free of charge;
2. all and any costs related to the conclusion hereof and to the use of the Work hereunder shall be borne by the Museum.


1. The Museum undertakes to respect the right of the Author to retain the integrity of the contents and of the form of the Work, as outlined in appendix no. 1 hereto.
2. The Museum undertakes to provide the Author with 1 copy of the “Wiadomości Archeologiczne” volume in which the Work was contained as well as a .pdf file with the Work.


1. The Author assumes full liability for infringing copyrights of third parties or related rights of third parties in connection with the use by the Museum of the Work as regulated herein.
2. The Author is obliged to indemnify and hold the Museum harmless against the liability mentioned in section 1 above and to reimburse all and any costs to the Museum that are related to third party claims, and to reimburse to the Museum all and any amounts paid to third parties as compensation; in particular under court rulings or arrangements.
3. The Museum, against whom a third party makes claims regarding the use of the Work by the Museum, shall immediately notify the Author about this fact and summon the Author to join the matter.


The Author is entitled to terminate this Agreement with immediate effect if it is determined that the Museum uses the Work in a way that is contrary to the provisions hereof.


In the matters not regulated herein, the provisions of the Polish Act on copyright and related rights as well as of the Polish Civil Code apply.


Any changes hereto require written form in order to be valid.


Any disputes that may arise from the execution hereof will be resolved by the court competent for the Museum.


1. This Agreement was made in two counterparts, one for each Party.
2. The guidance from the Principal and the statement of the Author on the processing of personal data of the Author, enclosed hereto as an appendix, constitute an integral part hereof.