Rules Concerning Copyright of Prepublication Papers (Translation)
Dated: October 15, 2008
By: Administration Committee, Global Information and Telecommunication Institute
Chapter 1 General Rules
Article 1 (Purpose)
These Rules are provided with regards to peer-reviewed papers which are submitted to and published in the GITS/GITI Research Bulletin (ügBulletinüh) (ügPublished Paper(s)üh) in order to prevent such conduct as duplicate submission to another academic magazine, which is in violation of customary practices of academic societies, and to make such papers widely available to the community to the extent it is in line with the conventions of academic societies.
Article 2 (Definition)
Unless otherwise specified, the terms used herein shall have the same meanings used in the Copyright Act (Act No. 48 dated May 6, 1970) of Japan.
Article 3 (Transfer of Copyright)
1. The copyright of a Published Paper shall be transferred to the Graduate School of Global Information and Telecommunication Studies and Global Information and Telecommunication Institute, Waseda University (ügPublisherüh) as of the time when the final manuscript is delivered to the Publisher following a decision for its publication in the Bulletin.
2. Upon transfer of such copyright under the preceding paragraph (ügTime of Copyright Transferüh), the copyright of any paper prepared in a foreign language with contents identical to the Published Paper, including a translated version of the Published Paper prepared by the author of the Published Paper (ügOriginal Authorüh), shall be transferred to the Publisher.
3. In the event the Original Author has authorized a third party to translate the Published Paper prior to the Time of Copyright Transfer, the Original Author shall give the Publisher advance notice identifying the time when such authorization was given and the party to whom it was given.
4. In the absence of said notice as described in the preceding paragraph and if it subsequently becomes clear that the original copyright holder does not own the copyright of the Published Paper, the Publisher may retroactively rescind its decision to publish said paper.
Article 4 (Notation for Use)
1. Anybody who wishes to use the Published Paper shall make notations which include, ügCopyright by Waseda University GITS/GITI, [Year of Publication]; Written by [English name of the original copyright holder].üh However, when the paper is published or quoted in non-English academic magazines or academic papers, the notations in other languages translated from the English language notations may substitute for the required notations.
2. The preceding provision shall not apply in the event the Publisher no longer owns the copyright of the Published Paper under Paragraph 1 of Article 11.
Chapter 2 Use by Original Author
Article 5 (What Original Author May Do Without Notice to Publisher)
The Original Author may do the following without consent from the Publisher who owns the copyright.
(i) Use the Published Paper for personal use; and/or
(ii) Publicize the Published Paper free of charge.
Article 6 (What Original Author May Do in Principle)
1. The Original Author may do the following by requesting consent from the Publisher who owns the copyright.
(i) Publish or otherwise make the Published Paper known, for a fee; and/or
(ii) Create a translated version of the Published Paper in a foreign language (only if the copyright of said translation is vested in the Publisher).
2. In the event the Original Author makes such request as described in the preceding paragraph, the Publisher shall grant such request unless there is any particular problem.
Article 7 (What Original Author May Not Do)
Notwithstanding the provisions set forth in the preceding two Articles, the Original Author shall not do any of the following. The Publisher shall not grant any request for use in connection with the following regardless of the reason for such request.
(i) Submission to other academic magazine(s); and/or
(ii) Creation of another paper containing content to the same effect as the Published Paper (in any language).
Article 8 (Treatment of Income from Use of Published Paper)
1. In the event the Original Author generates any income from the use of the Published Paper under Articles 5 and 6, said income shall belong to the Original Author.
2. The preceding provision shall not preclude the Publisher as copyright holder from keeping to itself the revenues obtained by using the Published Paper on its own.
Chapter 3 Publisherüfs Responsibilities
Article 9 (Disclosure of History of Use)
The Publisher shall disclose the history of use for the Published Paper upon request by the Original Author.
Article 10 (Transfer of Rights)
1. The Publisher may transfer the copyright of the Published Paper to a third party by notifying the Original Author of such transfer and the party to whom it is transferred to.
2. In the case of the preceding paragraph, the third party accepting the transfer of the copyright shall inherit the rights and obligations of the Publisher set forth herein and in the contract made with the Original Author.
Article 11 (Management of Published Paper)
1. The Publisher may delegate a third party to manage the Published Paper or the copyright thereof.
2. In the case of the preceding paragraph, the party who is delegated to manage the Published Paper or the copyright thereof shall be subject to the rights and obligations of the Publisher set forth herein and in the contract made with the Original Author.
Article 12 (Publisherüfs Responsibilities)
In addition to the preceding two Articles, the Publisher shall provide in good faith the Original Author with any assistance necessary in order for the Original Author to exercise his/her moral right.
Chapter 4 Handling of Other Matters
Article 13 (Application of Rules to Other Papers)
These rules shall apply to any work which will be reviewed and published in the Bulletin as an equivalent to a peer-reviewed paper, in which case the phrase ügPublished Worküh shall substitute for ügPublished Paper.üh
Chapter 5 Miscellaneous Rules
Article 14 (Damages)
1. The Publisher shall not be held liable for any damage(s) resulting from defects that are in or attributable to the Published Paper.
2. If the Publisher performs under its obligation to compensate for the damage based upon a final judgment or a title of obligation equivalent to said decision, or a provisional disposition order, the Publisher may request the Original Author for indemnification.
Article 15 (Jurisdiction and Governing Law)
1. The Tokyo District Court shall be the competent court of first instance for any action concerning matters set forth herein. However, for matters over which only certain courts in Japan which do not include the Tokyo District Court have subject matter jurisdiction, such court having subject matter jurisdiction shall be the competent court of first instance.
2. Matters set forth herein shall be construed and governed by the laws of Japan.
These rules shall take effect with regards to all publications that appear in the Bulletin which is issued in 2009.
Regarding Copyright of Submitted Papers
Contributors are kindly requested to agree that the copyright of the submitted paper will be transferred to GITS/GITI at the time when the decision is made for publication. This request is made primarily in an effort to facilitate wider use of the paper by integrating all points of contact and formalities and also to ensure prevention of duplicate submission, a practice established by academic societies. The original author may continue to use the submitted paper to a certain extent. For more information concerning these rules, please refer to ügRules Concerning Copyright of Prepublication Papers.üh
ügGITS/GITI Research Bulletinüh Rules for Submission (Translation)
Revised: October 15, 2008
By: Administration Committee, Global Information and Telecommunication Institute
Further, the following definitions are used to categorize the papers:
(A) ügPeer-reviewed Papersüh refer to papers by GITS/GITI researchers with the primary purpose of fostering and encouraging future research activities;
(B) ügGeneral Papersüh refer to papers, etc. written primarily by the faculty; and
(C) ügResearch Notesüh refer to studies, original works, reports, reviews, etc. of excellence which do not necessarily belong to either of the above two categories.