This CONTRIBUTOR AGREEMENT (the “Agreement”) is made and entered into on this date between: the Wenner-Gren Foundation for Anthropological Research, Inc., with an address at 655 Third Avenue, 23rd Floor, New York, NY 10017 USA (the “Foundation”) and you, (“the Contributor”), (the “Foundation” and “Contributor” collectively referred to as “Parties”).
The Foundation appreciates your being the author of the Work (as defined below). Contributor should review and agree to these terms via Submittable.
I. STATEMENT OF WORK
(a) The Contributor is hereby commissioned by the Foundation to prepare and create the following original material (together with any Supplementary Material (as defined below), the “Work”), to be published in the Foundation’s online, editorially independent publication, SAPIENS (“SAPIENS”). The type of work, topic, length, and deadline is set in agreement between you and your editor. The standard honorarium for anthropologist Contributors is $250. Contributor agrees to provide the Work by the deadline agreed to in writing and in accordance with the other specifications above and that the Work will be acceptable in form and content to the Foundation.
(b) Contributor shall deliver to the Foundation, together with submission of the Work or as soon as practicable following submission, the research documents and other annotated information necessary for purposes of fact-checking the Work. Contributor will fully cooperate with the Foundation in fact-checking, including promptly considering and responding to any questions from the Foundation and making Contributor’s research and drafting notes available to the Foundation upon request by the Foundation.
(c) Contributor shall make any and all revisions that the Foundation, in its sole editorial judgment, deems necessary or desirable to make the Work acceptable for publication. Contributor agrees that the Foundation has the right to edit the Work and that publication of the Work will be solely at the Foundation’s discretion. The Foundation agrees to make reasonable efforts to make available to the Contributor a penultimate, edited version of the Work sufficiently in advance of publication to allow Contributor to propose final edits.
(d) If Contributor submits to the Foundation any material related to or intended to supplement the main text portion of the Work, in any media (including without limitation any drafts of such work, or any side bars or additional text, artwork, photographs or audio-visual materials to accompany the main text portion of the Work) (“Supplementary Material”), upon submission, Contributor will identify in writing to the Foundation any such Supplementary Material that was not created solely by Contributor and will provide adequate licensing and attribution information for such Supplementary Material, including, upon request of the Foundation, copies of any permissions obtained by Contributor from third parties with respect to the publication of the Supplementary Material by the Foundation.
(a) The Foundation shall pay the Contributor an honorarium for the word limit set forth in Section I (a) (the “Fee”), payable following publication of the Work in SAPIENS.
(b) Unless otherwise agreed in writing between the Parties, the Foundation shall have no obligation to provide any funding for Contributor’s travel or other expenses incurred while preparing the Work.
(c) Contributor understands and acknowledges that nothing in this Agreement obligates the Foundation to accept the Work for publication or to publish the Work. If, following Contributor’s delivery to the Foundation of a draft of the Work (whether the initial draft or a subsequent draft), the Foundation determines, in its reasonable discretion, that Contributor has made a serious professional effort in connection with the Work, but the Work is not acceptable or capable of becoming acceptable to the Foundation, the Foundation shall notify Contributor in writing that it intends to terminate this Agreement, and, upon Contributor’s receipt of such notice, the rights and obligations of the Parties under this Agreement will terminate, except that, within thirty (30) days following such termination, the Foundation shall pay to Contributor a kill fee of 50 percent of the Fee.
III. RIGHTS; CREDITS
(a) Contributor hereby grants the Foundation an irrevocable, worldwide, sub-licensable, and transferable right to:
i. publish, reproduce, distribute, display, store and transmit the Work (including, without limitation, on SAPIENS);
ii. translate the Work into other languages, create adaptations, summaries or extracts of the Work or other derivative works based on or including the Work; and
iii. otherwise use the Work, or any portion of the Work, or authorize others to do so.
Contributor grants this right to the Foundation on an exclusive basis during the period from the date of this Agreement until 90 days after first publication of the Work by the Foundation (or one year after initial submission by Contributor of the Work to the Foundation if the Work is not published by the Foundation during such one-year basis) (the “Exclusivity Period”) and, following the Exclusivity Period, on a non-exclusive basis. Should the Foundation and Contributor agree to publish the Work under a Creative Commons license as described in section IV of this Agreement, the Contributor’s rights and any right granted to the Foundation in Section III (a) i-iii would be retained while all others users would be restricted by the terms and conditions of the Creative Commons license.
The right granted in this section III (a) pertains to the Work (including all Supplementary Material therein) in all forms, formats, and media whether now known or hereafter developed (including without limitation in print, digital, audio and electronic form), by any means, method, device, process or medium whether now known or hereafter developed.
(b) If the Foundation receives any income from third-party reprinting or other use of the Work made pursuant to the license granted to the Foundation herein, revenues will be allocated as follows: (i) the Foundation shall forward such income to the Contributor for the isolated license of an individual Work as is; and (ii) the Foundation shall retain such income from licensing a series or works such as a debate or a themed package in which the Work appears, or to licensing of the Work in a manner that involves substantially more investment of resources in the Work on the part of the Foundation, such as a translation.
(c) During the Exclusivity Period, the Contributor shall not, either alone or through partnership with another person, group of persons, organization, corporation or publication, publish or agree to have published any work of authorship on the topic set forth in Section I (a) unless disclosed and agreed to by SAPIENS.
(d) Whenever Contributor and/or any other publisher or person that is licensed by Contributor republishes or otherwise re-uses the Work, Contributor shall provide, and shall make best effort to ensure that such publisher provides, appropriate credit to the Foundation as follows: “Originally published on [date] in SAPIENS, an online publication of the Wenner-Gren Foundation for Anthropological Research,” and include a link to the SAPIENS website for web republishing or re-use.
(e) On the SAPIENS web page on which the Work is published, the Foundation shall (i) credit the Contributor as a SAPIENS Contributor, (ii) provide a brief pre-approved professional biography of the Contributor, and (iii) if and as designated by Contributor, link to at least one venue at which the Contributor’s professional persona is represented (e.g., the Contributor’s website, blog, or Twitter profile).
(f) The Foundation will have the right to edit the Work on, and to remove the Work from, the SAPIENS website at any time. The Foundation agrees to make reasonable efforts to make available to the Contributor the edited version of the Work sufficiently in advance of publication to allow Contributor to propose final edits.
IV. CREATIVE COMMONS
If mutually agreeable to the Parties, the Work including any Supplementary Material (as defined in Section I (d)) may be published by SAPIENS under a Creative Commons license. See Appendix A for authorization form to publish Work under a Creative Commons license.
Publishing under a Creative Commons license does not alter the rights granted to the Foundation in Section III or the representations and warranties made by Contributor in Section V of this Agreement.
V. REPRESENTATIONS AND WARRANTIES; INDEMNITY AND WAIVER
(a) Submission of the Work for publication in SAPIENS constitutes Contributor’s representation and warranty to the Foundation that (i) except for any Supplementary Material that Contributor has identified in writing to the Foundation as not being created solely by Contributor, Contributor is the sole author of the Work; (ii) Contributor has the full right to license the rights in the Work (including having obtained all consents for use of any portion of the Work not authored or owned solely by Contributor) and that performance under this Agreement does not conflict with any prior or existing obligations of the Contributor to third parties; (iii) the Work in its entirety is original, not plagiarized, and has not been published in whole or in part. If the Work or any part thereof has been previously published, Contributor has identified this in writing to the Foundation and provided the Foundation with evidence that it has obtained the necessary permissions to republish the Work; (iv) to the best of Contributor’s knowledge and belief, all facts stated in the Work are true; (v) Contributor has done all necessary research to support the Work’s accuracy; (vi) nothing in the Work (A) is libelous or obscene or (B) infringes on the copyright or violates the privacy or right of publicity or any other right of any person, group of persons, organization or corporation; (vii) the Work does not contain any recipe, formula, or instruction that is injurious to the reader, user or any person; (viii) Contributor has not violated any laws in connection with the creation of the Work; (ix) Contributor has not materially misrepresented Contributor’s background, credentials, or biographical information in submitting the Work to the Foundation; and (x) any electronic version of the Work submitted by Contributor will not damage the Foundation’s or any user’s device, system, or data.
(b) Contributor further represents and warrants that Contributor has disclosed to the Foundation any potential conflicts of interest Contributor may have with respect to the creation or subject matter of the Work and has followed accepted journalistic principles in connection with the Work as set forth in the Code of Ethics of the Society of Professional Journalists at www.spj.org.
(c) Contributor shall indemnify and hold harmless, to the extent permitted by law, the Foundation and its trustees, directors, partners, limited partners, officers, employees, students, contractors and agents from and against all claims, judgments and liabilities (including reasonable attorney’s fees and expenses incurred in the defense thereof) relating to an actual breach of Contributor’s warranties, provided that such liability is finally established by a court of competent jurisdiction and that such judgment is sustained after all appeals have been exhausted. Contributor shall cooperate and consult with the Foundation and provide any documents requested with respect to any such claims.
(d) Contributor hereby waives, releases, and agrees not to bring any claims that it may have against the Foundation or its affiliates, licensees or distributors relating to the Foundation’s use of the Work as authorized in this Agreement.
Contributor shall maintain in strict confidence any confidential information of the Foundation and its affiliates (including, prior to publication of the Work, the content, nature and expected date of publication of such Work) that is disclosed to Contributor or to which Contributor has access to by reason of this Agreement, Contributor’s creation of the Work or the SAPIENS editorial process. Contributor shall not disclose any such confidential information without the prior written consent of the Foundation.
VII. RELATIONSHIP BETWEEN THE PARTIES
Contributor is an independent contractor and not an employee or agent of the Foundation. Contributor will not directly or indirectly state, represent, or imply that Contributor is authorized to commit or bind the Foundation, or to incur any expenses or enter into any oral or written agreement in the name or on behalf of the Foundation. Contributor has the sole responsibility for paying any and all income taxes, employment taxes, or other taxes, if any, related to payments received from the Foundation, and no benefits will be provided to Contributor under this Agreement. Both Parties hereto agree not to take a position inconsistent with this Section VII.
(a) Contributor may not assign, transfer, convey, pledge, or otherwise dispose of its interest or delegate any part of its duties hereunder without the prior written consent of the Foundation.
(b) This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, agreements and understandings between the Parties. No amendments, changes, or modifications can be made except expressly in a writing executed by both Parties. This Agreement is not binding on the Foundation until the Foundation receives from Contributor a signed and completed copy of this Agreement, unamended or amended solely as agreed between the Parties.
(c) The Parties agree that: (i) the laws of the State of New York, without giving effect to its principles of conflict of laws, shall govern this Agreement; (i) all disputes arising under this Agreement shall be brought exclusively by either Party in a court of the State of New York in the County of New York or in the United States District Court for the Southern District of New York and (iii) for such purpose, each Party expressly waives any objection to the exercise of personal jurisdiction by such court or to venue in such court.
Authorization to Publish Work under Creative Commons License
Contributors may elect to have their Work published by SAPIENS under the Creative Common CC BY-ND (Attribution, No Derivatives) 4.0 International Public license
Conditions of use under the CC BY-ND license stipulated on the SAPIENS website:
SAPIENS Republishing Guidelines for CC BY-ND 4.0 license
In keeping with our mission to bring anthropology to the widest audience possible, we are licensing many of our articles and other published materials (SAPIENS Content) under Creative Commons so they can be freely and easily republished.
Using the “republish” button found at the end of each piece that we’ve licensed under Creative Commons will ensure that you meet our guidelines, which are as follows: