Copyright Transfer

ASME Journals Digital Submission Tool
Guidelines and Information

Before publication of your paper in an ASME journal, ASME must receive your signed Copyright Agreement Form. While all authors should submit a signed Agreement, one designated author may sign on behalf of the other authors, but ONLY IF the designated author has secured written authorization to do so from all other authors. The designated author must be able to produce such written authorization if requested.)

Please note that accepted and approved papers will not be processed for publication without receipt of a fully executed, signed, and verified copyright form.

What Material Requires a Copyright Form?

Technical material, research paper or technical briefs, requires a copyright form. Non-technical material does not.

How to Submit the Copyright Form?

We are currently not accepting electronic signatures so a paper copy of the form, containing all author signatures, can be mailed or faxed. An email attachment is acceptable (scanned PDF or Word).

When to Submit the Copyright Form?

The copyright transfer form must be submitted prior to the Editor's approval of a final paper. It is important to bear in mind that accepted and approved papers will not be processed for publication without receipt of a fully executed and complete form.

Where to Submit the Copyright Form?

The copyright transfer form can be submitted directly to ASME:

ASME

Publishing Department

Three Park Avenue, MS 22S1

New York, NY 10016

Fax: 212-591-7292

Email: journalcopyright@asme.org

Assignment of copyright to ASME is made by completing the Copyright Transfer Agreement (1903 Form). Execution of this form grants and assigns exclusively to ASME all worldwide rights under copyright in the Paper. This form also details the rights retained by authors with regard to further use of their work.

If the paper you are submitting was prepared in the course of your direct employment with the U.S. Government, please include the following footer on the final PDF version of the paper you are submitting:

"This material is declared a work of the U.S. Government and is not subject to copyright protection in the United States. Approved for public release; distribution is unlimited.”

Employees of organizations that operate under contract to the U.S. Government, such as U.S. Government labs, please note the following:

Depending on the policy of your organization and your organization’s contract, the copyright transfer agreement should be signed either by your or by an appropriate representative from your organization.
Your paper may be required to include a footer on the final PDF version of your paper acknowledging contract information and also the following statement:

“The United States Government retains, and by accepting the article for publication, the publisher acknowledges that the United States Government retains, a non-exclusive, paid-up, irrevocable, worldwide license to publish or reproduce the published form of this work, or allow others to do so, for United States Government purposes."

If you are employed by a U. S. State Government institution or the Government of a country other than the U.S., please fill out the appropriate section on the Copyright Agreement and obtain the appropriate signature and copyright statement.

If you are employed by the British Crown, please refer to your organization’s requirements regarding Crown copyright.

If your particular copyright situation is not covered by the information in this page, please contact journalcopyright@asme.org.

ASME COPYRIGHT AGREEMENT TERMS AND CONDITIONS

The following terms and conditions are fully incorporated into the Copyright Agreement. Please read them carefully.

REPRESENTATIONS, OBLIGATIONS, ACKNOWLEDGEMENTS, AND INDEMNIFICATION

You represent and acknowledge that:

(A) This Paper represents: either the first publication of material; or the first publication of an original compilation of information from a number of sources as specifically noted by footnotes and/or bibliography;

(B) You have the right to enter into this Copyright Agreement and to make the assignment of rights to ASME. If the Paper contains excerpts from other copyrighted material (including without limitation any diagrams, photographs, figures or text), you have acquired in writing all necessary rights from third parties to include those materials in the Paper, and have provided appropriate credit for that third-party material in footnotes or in a bibliography;

(C) If you are signing this Agreement on behalf of any co-authors or other copyright holders, you have obtained express authorizations from all those authors and/or copyright holders to make this assignment of rights to ASME;

(D) All statements contained in the Paper purporting to be facts are true or supported by reasonable scientific research, the Paper does not contain any defamatory or libelous material and does not infringe any third party’s copyright, patent, trade secret, or other proprietary rights and does not violate the right of privacy or publicity of any third party or otherwise violate any other applicable law; furthermore that to the best of your ability, you are responsible for ensuring the accuracy of your research and the Paper’s content;

(E) If the Paper was produced in the course of an author’s employment by, or contractual relationship with, the U.S. Federal or State Government and/or contains classified material, it has been appropriately cleared for public release and such is indicated in the paper;

(F) The Paper is not subject to any prior claim, encumbrance or agreement and is not under consideration for publication elsewhere;

(G) You have appropriately cited and acknowledged all third parties who have contributed significantly in the Paper’s technical aspects;

(H) ASME is not responsible for any misrepresentation, errors or omissions by those signing this copyright agreement;

(I) All print and electronic copies of the Paper submitted to ASME become ASME’s physical property regardless of whether or not ASME publishes the Paper, and that ASME is not obligated to publish your paper (see the Termination Section below if your paper is not published);

(J) ASME is not responsible for any of your expenses incurred in connection with preparing the Paper or attending meetings to present it, nor will ASME pay you any financial compensation if it publishes your Paper; and

(K) Subject to and to the maximum extent permitted by law, you agree to indemnify and hold harmless ASME from any damage or expense related to a breach of any of the representations and warranties above.

TERMINATION

If ASME decides not to publish your Paper, this Agreement, including all of ASME’s rights in your Paper, terminates and you are thereafter free to offer the Paper for publication elsewhere.

GENERAL PROVISIONS

This Agreement, including the Copyright Agreement, Terms & Conditions, and ASME Publishing Policies and all government permissions to use the Paper (if applicable), which are fully incorporated in it, constitutes the entire agreement between you and ASME, and supersedes all prior or current negotiations, understandings and representations, whether oral or written, between you and ASME concerning the Paper.

This Agreement is governed by, and should be construed in accordance with, the laws of the State of New York, United States of America, applicable to agreements made and performed there, except to the extent that your institution is prohibited by law from entering contracts governed by New York law, in which limited case this Agreement is governed by, and should be construed in accordance with, the laws of the jurisdiction in which your institution is located. Any claim, dispute, action or proceeding relating to this Agreement may be brought only in the applicable state and federal courts in the State and County of New York, and you expressly consent to personal jurisdiction and venue in any of those courts.