on CD-ROMs, and
database—you may still use the service to
• photocopying—making multiple
inquire about the use of works on your behalf.
photo copies for distribution at events
or businesses.
Copyright Clearance Center
To use the CCC’s service, visit the
website (www.copyright.com) and and use
The CCC is considered the behemoth
the “Get Permission” search box at the top
of text permissions, as it represents over
of the page. (You may become frustrated
10,000 print publishers, including The New using the “pay-per-use” feature; many rights York Times and The Wall Street Journal. This holders don’t permit price quotes. In these makes their website a good place to start
cases, the CCC contacts the rights holder
your permissions search. Through the CCC, and provides you with a quote within
you can obtain permission for:
several days.)
• republication—reproducing text in
If you’re having trouble at any point
books, journals, and newsletters
in the CCC’s process, FAQs and a useful
demo on the site can help you.
366 | THE COPYRIGHT HANDBOOK
iCopyright
the work. For example, Nolo is the publisher
of the book you’re reading now. In the case
iCopyright is the innovator of online
of a quote from a magazine or journal article,
permissions, but it has a smaller database
the publisher is the company that produces
of available works than the CCC. It offers
and distributes the magazine or journal. For
two ways of licensing reprint rights: directly example, Time-Life, Inc., is the publisher of through its website (www.icopyright.com)
Time magazine.
or by clicking on the iCopyright logo (see
below) if it appears at the bottom of an
article on the Internet.
Permissions Departments
Many publishers have permissions depart-
ments or a person who handles reprints,
permissions, and clearances. Information
iCopyright logo
about the permissions department is usually
If you see and click on the iCopyright
found on or near the copyright page of
logo, you are asked to choose whether you
a book, or in a magazine or journal’s
want to create a link to the article, reprint
masthead page. Online magazines and
the article in email or on a website, or “Do
book publishers’ websites generally include
Something Else.” When you make the last
copyright and permissions information on
choice, you must then complete a form that the introductory Web page (the index or
asks for your intended use—for example,
home page).
to provide reprints at trade shows—and
whether your use is commercial, academic,
Are You Under Contract
nonprofit, or governmental. Then, like the
to Write a Book?
CCC, the service makes the inquiry to the
copyright owner on your behalf.
Have you signed a contract to write an
article or book? Publishing contracts
usual y indicate who has responsibility for
Locate the Publisher
obtaining permission for anything you use
If you cannot obtain permission through
in your article or book, either the author
(you) or the publisher. Your publishing
an online permission service or if you think
contract may also specify the language to
you will get a better rate for permission
be used in any permission agreement you
by negotiating directly with the copyright
obtain. Inquire whether your publisher has
owner, you’l need to search the old-fashioned
its own permission form you can use.
way. The first step is to locate the publisher—
the company that produced and distributed
CHAPTER 14 | OBTAINING COPYRIGHT PERMISSIONS | 367
If the book, magazine, or journal
When There Is More Than One Publisher
contains no specific information about
permissions, direct your inquiries to the
Different publishers may print the same
“Permissions Department” at the publisher’s book in different versions. For example, one main business address, usually listed in the book may be published first in hardcover,
first or last few pages of a publication.
later published in paperback by a different
publisher, and then published outside the
United States in a foreign language by yet a
Locating Publishers
third publisher. Articles may be printed in
Contact information for book publishers
magazines and then reprinted in digests or
can be located through publications such
books by different publishers.
as Books in Print, Literary Market Place,
In cases of multiple publishers, you must
and International Literary Market Place, all
find out who controls the right to reprint
published by R.R. Bowker (www.bowker.
the work in another publication (known as
com). Books in Print includes information
reprint rights). The person or company who
about books currently available for sale and controls a work’s reprint rights is known
can be searched online for a fee. Writer’s
as the primary rights holder. Often, the
Market (Writer’s Digest Books, www.
first publisher is the primary rights holder.
writersdigest.com) provides a list of U.S.
In the case of a book, this is usually the
book publishers as well as publishers of
hardcover publisher. You can find the name
magazines, journals, and greeting cards.
of the hardcover publisher by searching an
For information on locating periodical
online bookstore such as Amazon (www.
publishers, consult The National Directory
amazon.com) or Barnes & Noble (www.
of Magazines and The Standard Periodical
barnesandnoble.com) using the title or
Directory, both published by Oxbridge
author of the book.
Communications (www.mediafinder.com),
If the hardcover publisher tells you that
or review Ulrich’s International Periodicals
it does not have the right to reprint the
Directory (R.R. Bowker) or The Directory
work, ask if the publisher knows whom
of Small Press and Magazine Editors and
you should contact. If the publisher doesn’t
Publishers, published by Dustbooks
know, contact the author. (Contacting and
(www.dustbooks.com). For information
negotiating with authors is discussed below.)
on academic publishers, check out The
Also, keep in mind that the primary
Association of American University Presses
rights holder may control rights in only one
Directory, published by the University of
country. If you intend to reproduce a work
Chicago Press (www.press.uchicago.edu).
outside that country, you may need to seek
additional permission. For example, one
368 | THE COPYRIGHT HANDBOOK
rights holder may have the right to publish a
Distributing Photocopies at
work in the United States, another in Great
Work May Be an Infringement
Britain, and yet another in Canada. If the
work for which you’re seeking permission
Many businesses attempt to save money
will be distributed in the United States,
by photocopying an article from a journal,
Great Britain, and Canada, you will need
periodical, or book for employees or outside
permission from all three rights holders. The
clients. For example, an insurance company
primary rights holder can often lead you to
that subscribes to a legal newsletter might
foreign rights holders. If not, information
make 200 photocopies and distribute
about foreign publishers can be located in the
photocopied newsletters to employees and
publication International Literary Market Place.
customers. Though common, such photo-
copying is a violation of copyright law if done
without permission. (See Chapter 10, “Using
Contact the Author
Other Authors’ Words.”)
Permission to photocopy and distribute
If the publisher doesn’t own the rights you
materials can be acquired directly from the
need, it may be able to put you in contact
publisher or from the Copyright Clearance
with the author by forwarding your request
Center (www.copyright.com) or iCopyright
to the author or, if the author is deceased, to
(www.icopyright.com). The CCC provides
the author’s estate. For privacy purposes, it’s
individual-permission services (as wel as
unlikely that the publisher will give you the
“repertory” or “blanket” licensing services),
author’s address or phone number.
including an automated transactional
You may be able to locate an author using
reporting service called “RightsLink.” In
public sources, such as the Author’s Registry
some cases, a business can obtain an annual
(www.authorsregistry.org), which maintains
blanket license that permits unlimited
a directory of authors and will search for one
photocopying from the CCC’s collection
or two names, usually free of charge. Infor-
of 1.75 mil ion works. These blanket
mation about over 1,000 nonfiction writers
licenses are based on the type of industry
may be found through the American Society
and the number of employees for whom
of Journalists and Authors (www.asja.org).
photocopies will be made. For example, law
Also, the University of Texas (http://
firms might pay a blanket license fee of $150
norman.hrc.utexas.edu/watch) maintains
per year for each professional employee.
a searchable database entitled WATCH
For details on photocopying for educational
(Writers, Artists, and Their Copyright
purposes, see “Educational Copying and
Holders). This database contains the
Coursepacks,” below.
names and addresses of copyright holders
or contact persons for authors and artists
CHAPTER 14 | OBTAINING COPYRIGHT PERMISSIONS | 369
whose works are housed in libraries and
this chapter.) This provision places you in a
archives in North America and the United
better legal position if a dispute arises over
Kingdom. The WATCH database also
your right to use the material.
contains limited information on whether
an author’s or artist’s copyrighted work has
Regional Rights Versus
entered the public domain.
Foreign Language Rights
Educational Copying
The territory in which a publication is
and Coursepacks
distributed and the language in which it is
published involve two separate rights. In
Some types of photocopying for educational
other words, reprint rights are sold language
purposes are al owed without requiring
by language and territory by territory.
permission. However, this does not extend
When dealing with U.S. publishers, unless
to the wholesale copying of articles for
you specifical y ask for reprint rights in a
classroom use in coursepacks. The Copyright
foreign language, you will only be given the
Clearance Center (CCC) (www.copyright.
right to reprint the work in English in the
com) has a special program that assists
territory specified. This means, for example,
educators in obtaining permission to include
that acquiring “world” rights is not the same
works in coursepacks.
as acquiring rights in all languages. Rather,
it means you have the right to publish the
work in English throughout the world.
If the rights for the text are owned by
Be specific in your requests and
two or more authors, you will need to
permission agreements and keep the fees
obtain permission from only one of them—
you must pay low by asking for only the
provided that your use is nonexclusive
rights you need. If your work will only be
and for U.S. or North American rights.
published in English, don’t ask for foreign
language rights. For example, if your
Nonexclusive means that other people can
magazine is distributed primarily in the
use the text for the same purpose as you. If
United States and Canada, you probably
you obtain permission from one of several
only need one-time North American rights:
coauthors, your permission agreement should
the right to publish the work one time in
include a statement that the rights holder
the United States and Canada in English.
has the authority to grant the rights in the
However, if you print a French language
agreement. For example, include a statement
edition for Canadian readers, you would
like “Licensor warrants that it has the right
need one-time North American rights and
to grant permission.” (This language is
French language rights.
included in the sample licenses at the end of
370 | THE COPYRIGHT HANDBOOK
You will need permission from all of the
with an initial printing of 5,000 copies, you
coauthors in any of the following cases:
would first look at the column in a daily
• You want to use the text on an
newspaper to find the syndicate’s name—
exclusive basis—meaning you are the
Universal Press Syndicate. Then, you
only person who can use the text for a would contact the syndicate and request
specific purpose.
permission to reprint the column.
• You want to use the text on a worldwide,
nonexclusive basis—because some
Interviews
countries require consent of all co-owners
even for nonexclusive uses.
If you want to use an interview from a
• You want to use the text for a com-
magazine or book, contact the publisher
mercial purpose, to sell a service or
of the book or magazine. To use a written
product—for example, you want to
transcript of an interview from a radio or
include a quotation from a book in
television show, contact the network or station
an advertisement (but simply using
that original y aired the show. For interviews
the text in a book or an article you’re
first published on a website, contact the owner
writing for money is not considered to of the site, usual y indicated on the bottom of
be a commercial purpose).
the home or index page.
If you seek permission to use a transcript
of a television or radio interview, most
Special Situations
stations have permissions departments that
Finding rights holders for certain types of
will furnish you a printed version. Some times
text, such as syndicated columns, speeches, you can download interview transcripts
interviews, and letters, may prove a little
from the station’s website. If you want to use
tricky. Below are suggestions for getting
the actual audio or audiovisual recording
permission to use these types of works, as
of an interview, you will need to obtain
well as unpublished and out-of-print texts.
the consent of the person or company who
recorded the material, often the radio or
television station that initial y broadcast it.
Syndicated Text
If the publisher, website owner, or tele-
Rights for works by newspaper columnists, vision or radio station is not the rights
such as Dave Barry and Ann Landers, are
holder and cannot lead you to the rights
usually controlled by national syndicates.
holder, try to locate the interviewer through
For example, to acquire permission to
one of the author resources listed earlier in
reprint a “Dear Abby” column in a book
this chapter.
CHAPTER 14 | OBTAINING COPYRIGHT PERMISSIONS | 371
On occasion, determining the rights
worried about whether you have the right to
holder of an interview can get messy. In
reproduce the interview, your only option is
some cases, such as celebrity interviews,
to seek a release from the interview subject.
The Copyright Handbook Page 64