The Bulletin's publishing contract and terms.

This contract confirms our agreement (“Agreement”) and covers all articles and other writing assigned by the Bulletin of the Atomic Scientists (hereinafter the Bulletin) to you or submitted by you to the Bulletin, as confirmed in writing by the Bulletin (collectively, the “Work” or “Works”). The specifics of each article or other Work assigned to you by or submitted by you to the Bulletin  will be agreed upon in writing at the time of such Work, including the due date, subject matter, approximate length, and format(s).

1. You agree to license to the Bulletin and its sub-licensees the following rights in all submissions or assignments in all languages:

a. exclusive worldwide rights to first publication in any media or format and in all languages; (ii) to produce and distribute each Work at any time in any of the Bulletin’s properties in digital or print format or in any other format or media now in existence or hereafter invented, including, without limitation, www.thebulletin.org, and all mobile, app, and social extensions; podcasts, radio, and television programming; (iii) and

b. non-exclusive worldwide rights for the full term of copyright, including any renewals or extensions thereof: (i) to publish, re-produce, distribute, syndicate, translate, perform, or display each Work in anthologies or collections of Bulletin works in any media now in existence or hereafter invented; (ii) to publish, re-produce, distribute, syndicate, translate, perform, or display each Work on electronic databases or online networks including all mobile and app extensions in any media or format now in existence or hereafter invented; (iii) to sub-license each Work; (iv) to use each Work to promote and publicize the Bulletin’s properties and/or other Works, including the right to use your name, image, likeness, and biographical information in such promotions and in connection with the exploitation of any rights granted pursuant to this Agreement, and the right to publish or broadcast (but not dramatize) by radio, television, or the Internet, without charge, such selections from the Work as the Bulletin decides in its discretion and (v) to syndicate and sub-license each Work;

c. exclusive worldwide option for each Work through twenty-four (24) months after first publication to acquire all Film Rights, as defined below. The Bulletin will negotiate for the sale of such rights and agrees to pay you fifty percent (50%) of all net revenues (after agent and attorney’s fees) from the sale of such rights. As used in this Agreement, “Film Rights” shall include, without limitation, the sole and exclusive right to make, produce, adapt, sell, lease, rent, exhibit, perform, copy, and generally deal in and with any manner of exploitation, distribution, and disposition of all forms of motion pictures, television (including serial television), digital television, video and computer games, video cassette and video or laser disc, any computer-assisted media (including, but not limited to CD-ROM, CD-I and similar disc systems, interactive media and multimedia, and any other devices and/or methods now existing and/or hereinafter devised), character, storylines, titles, sequels, prequels, re-makes, theme park, stage play, sound recording, merchandising, publications, and all allied, and all ancillary and subsidiary rights therein in any media now in existence and/or hereinafter devised. The Bulletin may sell, grant, license, assign, or otherwise transfer any of its rights under this Agreement to third parties. You agree to execute any further documents as are reasonably required to implement this provision of the Agreement. 2. Under United States copyright law, you will retain the copyright in the Works, subject to the rights you have granted to us. We will include a copyright notice on the website on which the Works appear. On any occasion that you re-publish the Works, you will make your best effort to include a credit line as follows: “© (year of first publication in the Bulletin of the Atomic Scientists) (your name), as first published in the Bulletin of the Atomic Scientists.”  You further agree that the publication of your Works in the Bulletin shall not constitute any assignment or license to you to use any of the intellectual property rights of the Bulletin in any other publications or exploitation of your intellectual property rights to the Works.

3. We are under no obligation to publish the Works in any of our properties and acceptance of the Works is in the total discretion of the Bulletin.

4. You agree to turn in the manuscript for each Work by the Due Date. In addition, you agree to turn in any supporting materials identified by the Bulletin, including, without limitation, any audio or video materials acquired or created by you in the course of preparing and reporting the Work, background material on the topics and people covered in the Work, and the like (the “Supporting Material”). The Supporting Material shall be considered part of the Work for all purposes under this Agreement. Accordingly, you will notify the Bulletin promptly if there are any restrictions on use of any of the Supporting Material. We shall have the right to check the Work for accuracy and you agree to cooperate in that process; provided, however, that you shall remain responsible for the accuracy of the Work. We and our sub-licensees or assignees shall also have the right to edit, revise, modify, abridge, translate, and adapt the Work and arrange for the translation of the Work, as we may deem appropriate, to prepare the Work for publication, including linking to or editing in portions of the Supporting Material into the finished Work. You agree to cooperate fully in such procedures.

5. You represent and warrant that:

a. the Works are original; you are the sole author of the Works or, if not, you own all rights from all other authors required for you to grant the rights granted herein to the Bulletin; the Works has not been published previously in any language and is not subject to any existing copyrights; and you have the authority to grant the rights set forth in this Agreement;

b. the Works do not infringe the copyright or invade the personal or proprietary rights of or give rise to any claim by any person or entity;

c. you have no personal, business, or financial relationship or investment that would in any way conflict with your reporting for, or preparation of, the Works, and you do not hold stock or any other interest in any companies, or competitors of companies, that are the subject of your reporting (other than any such holdings that are through a mutual fund or other similar kind of indirect, non-discretionary investment); and you will report any potential conflicts before the Works are published.

d. you are under no limitation, prohibition, or restriction, whether verbal or written, with regard to publication of the Works, including, without limitation, any agreement of confidentiality or non-disclosure. You shall indemnify and hold us harmless from any and all loss, damage, and/or expense (including reasonable attorneys’ fees) that we may suffer or incur by reason of any claim or the defense of any claim arising from the breach or the alleged breach of any of these representations or warranties made by you; should any Works result in a claim or litigation by a third party you agree to cooperate with the Bulletin in responding to and defending against any such claim or litigation; and

e. you will not, during or after publications of the Works , disclose information about the Bulletin’s editing, production, or other publishing processes that is confidential, sensitive, proprietary, disparaging, and/or valuable, and is not in the public domain. (Such information is not considered to be in the public domain if it was disclosed and that disclosure was not in violation of an agreement or other obligation not to disclose it.)

6. You are providing the Works and performing the services for us under this Agreement as an independent contractor. Nothing contained in this Agreement shall be deemed to constitute you an agent, representative, partner, joint venturer, or employee of the Bulletin for any purpose.

7. You agree not to publish the Works, or material from or based on the Works, in any language, in print or any other medium now existing or hereafter developed, for a period of six (6) months from any applicable publication date on which the Works appears.

8. You agree to use your best efforts to participate in the promotion and marketing of the Works and the Bulletin by making reference to the Works and the Bulletin in any appropriate settings including, but not limited to, social media platforms such as Facebook or Instagram, articles or books written by or about you or the Works, interviews, editorials, press conferences, press releases, television appearances, Internet Websites maintained and operated by you, and any other media available for the promotion of the Works to which you have access.

9. Paragraphs 1, 5, 6, 10, 11 and 12 shall survive the termination of this Agreement.

10. This Agreement is the entire agreement with respect to the subject matter contained herein, superseding any prior negotiations and agreements. This Agreement will be governed by the laws of the State of Illinois without regard to conflict of laws or rules elsewhere. The parties agree that any dispute shall be brought in the courts located in Chicago, Illinois, and both parties consent to such jurisdiction.

11. The provisions of this Agreement are severable. If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, illegal, or otherwise unenforceable in any respect by a competent court of jurisdiction, the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated, and to the extent permitted by applicable Law, any such provision will be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable. This provision will be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability.

12. At no time will the Bulletin be responsible for enforcing your copyright in the Works if infringed by any third parties, including filing demands that copies appearing on the Internet be pulled down. Notwithstanding the foregoing, the Bulletin will reasonably cooperate with you should you need information from the Bulletin to enforce your intellectual property rights, provided the Bulletin will not incur any out-of-pocket expenses in connection therewith.