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Copyrights and Permissions

Copyrights and Permissions

What Is a Copyright?
Copyright law grants creators property protection for “original works of authorship.” When you decide to use material copyrighted by others in your manuscript, it is your responsibility to obtain permission to use that material.

A manuscript is protected by copyright from the time of its creation. Currently, the term of a copyright in works created after January 1, 1978, other than works made for hire, endures for 70 years following the death of the last surviving author. Copyright in a work made for hire endures for 95 years from publication or 120 years from creation, whichever is shorter. Works published prior to January 1, 1978, have an original term of 28 years and a 47-year renewal term, totaling 75 years. Public Law 105-298, enacted on October 27, 1998, further extended the renewal term of copyrights still subsisting on that date by an additional 20 years, providing for a renewal term of 67 years and a total term of protection of 95 years.

When you sign an agreement to publish your own manuscript with Wiley, in addition to publishing the work, Wiley will seek to maximize income for the work by licensing rights to other publishers and granting appropriate permissions to others to use excerpts from your work. Also, in consultation with you, Wiley may pursue infringements that come to our attention.

When do I need to request permission?
When your use of copyright protected material exceeds the limits of “fair use” or “fair dealing”. In the case of republication of copyrighted material in a work you are writing, you should consult your publisher for its “fair use” or “fair dealing” guidelines. In the case of photocopying for academic use, you should consult your university or institution for guidance on what is permitted under its “fair use” or “fair dealing” guidelines or under any applicable license agreement.

What is “fair use” in the United States?

The Association of American Publishers describes “fair use” as follows:

The Doctrine of “Fair Use” under the U.S. copyright law permits, in limited situations, the use of portions of a copyrighted work without the copyright owner’s permission. Four basic factors must be examined in determining whether a use is a “fair use”: the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole; and the effect of the use in question upon the potential market for or value of the copyrighted work. No one factor is determinative of a person’s right to use a copyrighted work without permission.

What is “fair dealing” in the United Kingdom?

The UK Copyright Acts (1911, 1956, 1988) specify that a copyrighted work can be drawn on without infringement for the purposes of

•research and private study

•reporting of current events

•criticism and review

provided that due acknowledgment is made to the source.

Fair dealing for the purposes of research or private study only applies to literary, dramatic, musical, and artistic works, and is mainly for students or researchers working on projects which will be seen by a relatively small number of people. Fair dealing will not apply when “the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.”

Fair dealing for the purposes of reporting current events is mainly used in journalism. Events must be current, rather than historical, and photographs are excluded from the fair dealing exception.

Fair dealing for the purposes of criticism and review is primarily used in the book and journal publishing industry. It must be shown that there has been criticism and review of a work used, and this can be of a single aspect of that work.

Provision is also made for the use of short extracts from literary and dramatic works in anthologies clearly intended for educational use, provided that the original works from which the material is drawn were not intended for educational establishments, that due acknowledgment is made, and that the majority of the material to be included in the collection is in the public domain. In addition, no more than two extracts by works from the same author (provided his or her work is still in copyright) can be included in collections published by that publisher within five years.

Other copies made for educational use are permitted provided they do not amount, in total, to more than 1% of any work in any given quarter. If there is a license in place to cover such copying, and the user knows or should know of this license, they are not allowed to make copies other than under the terms of the license.

The publisher’s rights in the typographical arrangement are not infringed, provided that the purpose of the usage is in keeping with the definition of fair dealing

None of the UK Acts has specifically defined the amount of material which constitutes fair dealing. The guidelines issued by the Society of Authors and the Publishers Association suggest that permitted amounts would be:

Single extract (prose) – up to 400 words
Series of extracts from the same work (prose) – up to a total of 800 words, of which no one extract shall exceed 300 words
Poetry – a single extract of 40 lines or a series of extracts totaling 40 lines, provided that these do not constitute more than 25% of the poem

Illustrations have never been included in the provisions for fair dealing.

Does the concept of “fair use” or “fair dealing” exist outside the United States and the United Kingdom?

Some countries may have a similar concept in their copyright laws. You may wish to contact your local Reproduction Rights Organization for further information.

Permission Requirements
Permission is the authorization to make a copy of material protected by copyright. These guidelines apply to any works under copyright, whether that source material is old or recent, in print or electronic form, and whether you change from one format or media to another.

See also http://www.wiley.com/WileyCDA/Section/id-301725.html#permission

Material That Requires Permission
You should always secure permission for the following:
•single quotations or several shorter quotes from a full-length book (more than 300 words in toto)
•single quotations from a newspaper, magazine, or journal (more than 50 words)
•artwork, photographs, or forms, whether or not from a published source (sometimes more than one permission is required for a photograph, e.g., one from the photographer and one from the creator of the underlying work shown in the photograph)
•charts, tables, graphs, and other representations where, inevitably, you are using the entire representation (the copyrighted features are complete in themselves and inherent in the whole work)
•material that includes all or part of a poem or song lyric (even as little as one line), or the title of a song
•computer representations, such as the depiction of results of research on computerized databases, the on-screen output of software, reproduction of web pages or programming, the capture of Internet or other online screen shots (note that if a web site invites or authorizes copying, or specifies that it is “open source,” and there is no notice indicating that it contains material original to others and is therefore under copyright, then you do not need to get permission)
•any third-party software to be distributed as an electronic component with your work
•use of materials from other Wiley publications, and from your own previously published works (Wiley will not charge you a fee to use Wiley-published materials, but may collect a fee on behalf of the author and/or artist, and you will need to insert a credit line in the text of your work)
•clearances, including permissions for the use of trademarks and releases from privacy claims

Material That Does Not Require Permission
Copyright does not prevent the use of facts or ideas, but does protect the author’s expression. Even when material is protected by copyright, there are situations where permission to reproduce is not required.

Fair Use
Fair use is a legal concept that allows the use of copyrighted material without the need to obtain permission from the copyright owner for purposes such as criticism, comment, news reporting, teaching, scholarship, or research under the law. This is a fact-based determination on a case-by-case basis, with the following four factors to be considered:
•the purpose and character of the use of material from a copyrighted work
•the nature of the copied work
•the amount and substantiality of the material used in relation to the entirety of the original copyrighted work
•the effect of the use upon the potential market for or value of the copyrighted work
If you are in doubt about whether your use of copyrighted material is a fair use, request permission. Even if your use constitutes fair use, and you do not have to obtain permission, you should give proper credit to the original source.

Interviews
Generally, you can use material from any interview you conduct, including direct quotes, without securing a signed release if the circumstances and your notes clearly reveal that the source knew you were conducting an interview for possible publication and did not indicate intent to restrict your use of the material. Otherwise, ask the interviewee to sign a release.

Facts, Information, and Ideas
Generally, you may use facts you obtain from another work. However, note that copyright encompasses the format, organization, sequence, and style of presentation, as well as the sense or feeling of the original. When paraphrasing, even if you do not have to request permission, always give credit to the original source.

Public Domain
You do not need to obtain permission for materials that are in the “public domain.” This includes all official government publications, as well as any materials for which the copyright has expired.

Who is Responsible for Obtaining Permissions?
Obtaining written permission to use copyrighted material is the author’s responsibility. The author should use the Permission Request form.

In a multi-author volume, the chapter authors must obtain permission to use copyrighted material in their chapters, and the volume editor is responsible for making sure that they have done so.

When Should You Apply?
Request permission as early as possible. Response time of from four to six weeks is common, and it may take longer. Following up after a few weeks helps avoid further delay, but unexpected fees or rejections may arise. Advise your editor of any permissions requests not yet granted and when you expect to receive them. Publication of this material in your work is contingent upon receiving permission, so it’s important to follow up with your editor on any problems.

To Whom Should You Apply?
Send your written request to the Permissions Department of the publisher whose material you wish to use, regardless of who appears to hold the copyright. If the publisher does not control the rights, your request will be referred to the appropriate party. Seek the author’s approval only if the publisher instructs you to do so. Keep a record of all your attempts to locate the current copyright owner.

The Permission Request Form
Use the Wiley-approved Permission Request form to request permission to use third-party copyrighted material. Number each Request form (the Wiley Permission Number), starting with #1. Prepare four copies; retain one copy in your file, send one copy to your Wiley editor, and send the other two to the copyright owner. Include a copy of the requested material with your Permission Request form and provide a copy to your Wiley editor. If you wish to delete or edit portions of a selection, say so on the Permission Request form.

Permission Fees
Under the terms of Wiley’s publishing agreement, the author (or contributor in a multi-author volume) is responsible for the payment of permission fees. There is no industry-accepted set of rates, but most publishers have standard rates for various classes of books, and many publishers do not charge fees at all for small uses or are willing to negotiate fees. If rates seem unusually high, require a pro rata share of your royalties, or if the copyright owner makes any other demands (such as credit on the cover or a large number of complimentary copies), consult your Wiley editor before you sign an agreement. If, because of a high fee, you decide not to use copyrighted material after permission has been granted, inform the copyright holder to avoid being inadvertently billed.

What to Do With Permissions Granted
When you send your manuscript to Wiley, include copies of all Permission Request forms, all related correspondence, and the completed Permissions Summary form. Retain duplicates of all these documents for your records. These documents become part of Wiley’s permanent file which is used, for example, in determining market rights and in work on future editions. All Permission Request forms, including those that have yet to be signed, should be sent to your editor along with the final manuscript. If you are still waiting to get signed Permission Request forms back at this point, however, you may have to consider dropping the material in question from the book, or risk delay in the publication of your book.

The Permissions Summary Form
The Permissions Summary form will help you keep track of your Permission Requests. Include the sequential permission number you put on your Permission Request, as well as your manuscript page and/or figure and table numbers. The Permission Request form asks for all rights, but the copyright owners may note limitations when they sign and return the form. Notify your editor if the permission granted to you is restricted in any way. If the restriction limits Wiley’s rights in any medium or format, territory or language, it may be necessary to delete this material from your manuscript.

If the permission grantor is to receive complimentary (“comp”) copies of your work, and your Wiley editor has agreed, state the amount in the “Number of Comp Copies” column and attach the grantor’s address. When you have all permissions finalized, send a copy of the Permissions Summary form with your signed Permission Request forms to your Wiley editor.

How Should You Give Credit?
Be scrupulous in giving credit for material used from someone else’s work. Whether or not permission was needed for its use, do acknowledge all material taken from another work and make clear which portions of your work come from another source. Acknowledgment, however, is not a substitute for permission to use others’ material. It is your responsibility to include all necessary credit lines in your manuscript before sending it to us.

In granting permission, the copyright owner may specify the form or location of the credit line, or both. Note the line at the bottom of the Permission Request form where a credit line can be specified. Follow such instructions regardless of the style and method of acknowledgment used in the other credit lines in your book. If the form and location have not been specified, check the copyright page of the source material for the style to use in your book. For example, to give credit properly from a book, the following form is used:

From James, Asset Protection in the World, 2th Edition. Copyright © 2002 by Asset Protection Publishing Ltd. Reprinted by permission of Asset Protection Publishing Ltd.

It is not necessary to include any material beyond the copyright notice as given in the above example.

Generally, a figure is credited in its legend/caption, a table in a source note, and a quotation in an endnote. Note that even when full acknowledgment is given elsewhere, the source of each item should normally be indicated (author, date) wherever the item occurs.

Why Go Through All This?
There are two reasons for clearing permissions. The first is to secure your status as the author. You will want other authors to respect the copyright in your book by getting permission, crediting your book, and paying any appropriate fees when they use material from your book.

Secondly, if your published book includes material copyrighted by third parties for which you did not obtain permission, you could face legal action for copyright infringement. The copyright holder has recourse to several remedies through the courts.

Permissions Checklist
The following checklist may help you organize your effort (any questions can also be addressed by your Wiley editor):
•Make a list of all items for which permission may be required.
•Go over any questionable items with your Wiley editor.
•If you suspect it may take time to locate the copyright owner, start early and call the potential owner first, rather than writing. Once you find the owner, send a Permission Request form.
•Complete all Permission Request forms at once. Number them and list them by number on the Permissions Summary form.
•Make four copies of the Permission Request forms and of the material for which you have requested permission. Send two to the copyright owner and one to your Wiley editor. Keep one for your files.
•Four to six weeks after sending the Permission Request forms, follow up on any that have not been signed and returned to you.
•When you receive a signed Permission Request form, make a note of it on the Permissions Summary form. If there are restrictions, contact your editor.
•If the grantor requests complimentary copies of the book, indicate the number on the Permissions Summary form and provide Wiley with the grantor’s address (comp copies must be approved by your editor).
•Check the signed Permission Request form for any specific directions concerning format or positioning of credit lines, and follow them.
•Ensure all credit lines are included in the manuscript.
•Keep copies of signed Permission Request forms. Send originals to Wiley along with your final Permissions Summary form and the manuscript.