APA’s Office of General Counsel (OGC) provides legal services free of charge to divisions. Staff are available to talk with division leaders about any and all legal issues, including contracts, material ownership (copyrights, trademarks), corporate governance, insurance, and fundraising. Here are some of the more common questions.
Our journal publishing contract is ending. How do we accomplish the following:
Figure out what our options are?
Find the publication contract between the division and your current publisher. What does it say about term and termination? Does the contract automatically renew? Is there a notice period for termination? A first right of refusal? Feel free to send it my way for any questions, clarifications or if you just don’t want to read the fine print. We lawyers live for fine print. Just kidding, but the OGC reviews a lot of contracts, and we’re here to help.
Put out a request for proposal (RFP)? Do you have a sample?
Unfortunately, because every scientific journal is unique, I do not have a model RFP for this purpose. Start with the basics. Who are you soliciting proposals from? What do you need publishers to list in their proposals to make a decision? Royalties? Editorial policies and procedures? Where does your journal publish? Online? Print? When do you need responses? How would you like publishers to present their proposals? Why are you soliciting proposals? Is there a particular publishing element, style, or feature you are hoping for under your new journal contract?
Transition to a new publisher?
Transitions can be smooth and transitions can be challenging. One of the best practices is to ensure language in your publication contract addresses transitioning. Who will pay the editor, for how long, and which publisher will provide editorial service support, etc., are all questions that can be spelled out directly in the contract.
Our division wants to start a podcast. Where do we begin?
Great. Podcasting is a rapidly growing communications medium. There are a series of agreements the division should put in place from copyright and trademark ownership to production to funding. Contact us, and we’ll be happy to help.
Can our division sell swag?
Sales of small items (t-shirts, coffee mugs, etc.) are legally permissible only if divisions comply with all state and federal requirements. These requirements are complex and strictly enforced by state and federal regulators. The consequences of non-compliance are severe. If your division is interested in undertaking sales, please contact us and we will coordinate between the Division Engagement Office (DEO), OGC, and APA Finance to inform you of applicable requirements, requisite review, and approval.
Can you review our hotel contract?
Yes, in fact, pursuant to Association Rule 100-1.7, all division contracts for over $10,000 must be submitted to the APA Executive Office for prior legal and financial review. Some standard provisions to read carefully in hotel contracts are cancellation, force majeure/impossibility, governing law and dispute resolution and any deposit information.
We want to issue a statement as a division. What do we need to know?
Association Rule 100-1.4 outlines the procedure for division policy statements. Keep in mind that if a statement has not been approved by the Council of Representatives and it is about public policy issues that the division has agreed upon with an organization outside APA or standard or guideline it must be reviewed by the DEO, which will consult with APA government relations staff, APA legal counsel and appropriate APA staff. Find more information at Want to make a statement? .
DEO and OGC are here to help. For the topics listed on this page and for any questions you may have, start with your Division Engagement liaison as your division’s single point of contact within APA.