Permissions Clearance Advice for Authors and Editors

This section gives information on when and where to apply for permission to reproduce material under copyright. If, after reading this section, you still remain doubtful as to whether or not you require permission to reproduce material that is copyrighted, please either err on the side of caution and apply, or discuss with your in-house contact.

One practical approach to this problem of what should or should not be cleared is to use the criterion of 'value': does the material you want to use have a value in its original context that you feel you should have to apply for permission to use?

Who Clears?

• Unless it has been agreed otherwise in your contract, it is your responsibility to clear all copyright permissions for your book and to pay any permission fees 
• If you are unsure about whose responsibility permissions clearance is, or who bears the costs, you should check your contract 
• Much of the advice given here is also applicable if you are preparing material for Blackwell to clear

TopThe Schedule 

• It is important that you begin clearing permissions as early as possible. It can often be a slow process as you wait for replies to your permissions letters from busy publishers around the world
• Permissions should be cleared before the final version of your manuscript is submitted for publication, in order to avoid delays and additional costs in the production process

TopThe Application Process 

Identifying your material 

• A clear numbering system is essential to keep track of permissions during the application process 
• If you are the editor of a reader or anthology this is simply a case of through-numbering the chapters in your book (e.g. 1 to 23). Note that if there are any chapters that contain excerpts from different sources, these should be labelled - 1a, 1b, 2a, 2b, 2c, etc. 
• Number identification is also helpful if you are seeking permission for material within individual chapters, i.e. figures, tables, case studies, photographs, or poetry, prose extracts

Making changes to material already being cleared 

• Once you've received permission for material, any changes to content (e.g. fresh excerpting) normally mean that the piece has to be recleared. It is quite possible the copyright owner will not like the new proposed alterations and they are entitled to refuse permission            

What rights should be obtained? 

• In most cases you will need to secure non-exclusive World English language rights (including the United States) 
• Included at the end of this section are forms designed for you to use when clearing permissions

Vary your sources 

• For a reader or anthology please try to avoid choosing any selection that contains more than a quarter of an original work, or a series of selections that results in more than a quarter of your volume being sourced from the copyrights of just one publisher. Understandably, many publishers are reluctant to grant permission for wholesale usage in this way and may well refuse permission outright or at least insist on cuts back to what they consider an acceptable amount of material            

Dealing with publishers 

• Most publishers charge a minimum fee to offset the cost of processing small permissions fees, or set a minimum number of words or figures below which no fee is charged 
• The publisher, either as owner of the copyright or on behalf of the author where copyright remains with him/her, has exclusive right to grant (or withhold) permission, and demand any fee they think reasonable. 
• They also have the right to specify both the position and the wording of the acknowledgement. Note that even if your use constitutes fair dealing, you should give proper credit to the original source 
• You should, in the first instance, contact the publisher for permission to use material previously published by them. Some publishers may then request that you contact the author of the work to seek their permission directly 
• Note that Blackwell Publishing (including material published under any of our imprints or joint imprints) does not automatically waive permission fees for articles that are reproduced in Blackwell books and journals 
• You need to make all reasonable efforts to track down the copyright owner and get them to reply. This may be complicated if rights have moved from one publisher to another or have reverted to the author. It's important therefore for you to keep a record of all your correspondence, as proof that you have attempted to gain permission to use the material 
• You cannot set a deadline for a reply or construe that no reply constitutes permission            

New editions 

• Note that permissions secured for text or figures in a previous edition of any book are not normally transferable to future editions of that book. Most publishers will grant permission for one edition only and so we usually have to start the permissions clearance from scratch for each new edition            

TopDuration of Copyright 

In the UK and European Union 

• Where the author holds copyright, the term of copyright protection lasts for 70 years from the end of the year in which the author died 
• Where the publisher holds copyright the term is also 70 years, but after the end of the year of first publication. After that date, the work will be in the public domain, and can be reproduced without permission 
• If the work is of unknown authorship, copyright still expires at the end of the period of 70 years from the end of the first year of publication            

In the US 

• For works first published on or after January 1, 1978 copyright protection lasts for 70 years from the end of the year in which the author died 
• For works published before 1978 US copyright law is rather complicated. As a rough guideline:
  • Works published prior to January 1, 1964 were required to have copyright renewed during the 28th year of their first term to receive the full period of protection, which now endures for 95 years from first publication
  • Works published between January 1, 1964 and December 31, 1977 are protected for 95 years without the need for renewal
  • Copyrights in their second term of protection on January 1, 1978 automatically received the full 95-year period without requiring renewal
• If you are unsure whether copyright was renewed for the material you wish to use, you should contact the Library of Congress

Library of Congress Copyright Office 101 Independence Avenue, S. E. Washington, D.C. 20559-6000 www.loc.gov/copyright 

TopFair Dealing 

• In the UK and European Union, if you are quoting for purposes of 'criticism or review' i.e. your text is clearly the primary text in all instances, or if you are reporting on current events, the 'fair dealing' rule enables you to quote more freely. Note that the 1988 UK Copyright Act does not actually specify how much copyright work can be reproduced without permission. Instead it refers to the concept of a 'substantial' part. However, for practical purposes working guidelines are in use across the industry. Please refer to Prose extracts  and Poetry  for details of the conventional limits on what you can use under fair dealing 
• In the US, the 'fair-use' convention is generally taken as allowing one to quote up to a total of 400 words from a book, or 50 words or less from an article or chapter in an anthology

TopClearing Text Permissions 

• Before you start clearance please carefully prepare your source list. This is the information detailing where material was previously published. It should match exactly the contents as you want them published and as you provide to us in manuscript form.
• The copyright holder will require the following information in order to process your application ( See also Forms  and Presentation of Photocopied Material in your Final Manuscript  ): 
  • original chapter title
  • original figure/table number (when applicable)
  • original book/journal name and number
  • original page numbers
  • publisher
  • year of publication
• Once you've prepared a source list, just add the credit/copyright lines as specified by the various publishers, when permission is granted, thereby creating an acknowledgements list.

Prose extracts 

• As a guide, you are advised to seek permission to use extracts from copyright material if you wish to reproduce:
  • a single extract of more than 400 words
  • a series of extracts from one publication totalling more than 800 words, of which any one extract is more than 300 words

Book chapters and journal articles 

• Recently translated or edited editions may seem preferable, but often incur higher fees for their use. Ask yourself is there is a suitable older version in the public domain that would not require permission? 
• If your photocopy is from a version of a public domain text subsequently modified or annotated, be aware that this might still be in copyright and will therefore require permission 
• Obtaining permission to use an article from its publisher will not encompass any 'third-party' copyright material (e.g. illustrations) that was, or should have been, cleared for the original publication. You must either delete this material or clear it separately 
• See also Presentation of Photocopied Material in your Final Manuscript 

Poetry 

• The fair dealing  guidelines for using poetry are different from those covering prose. For poetry they permit use of small amounts of material 'for the purposes of criticism and review', with 'review' considered to cover material used to support an academic argument. Generally, poetry wouldn't be considered as being used for criticism and review unless it's in a literature book 
• The limit is up to 40 lines from a poem providing that this amounts to no more than one quarter of the poem. So, if you wish to use more than one quarter you must clear permission 
• As a general rule, reproducing the work of famous poets, even in very small quantities, is often difficult and expensive. This applies also to song lyrics. The 1988 UK Copyright Act encourages permission to be sought when a 'substantial' amount of material is used. However, this concept of a substantial part can refer not just to length but also to recognizability. Therefore, the copyright holder of a famous poem or song may require use of a single line to be cleared

Epigraphs

• The general rule for epigraphs is that they need to be cleared regardless of length because, unless they are being used for the purposes of criticism or review, they don't fall under the fair dealing  rule. As a guideline you should ask yourself does the quotation simply 'prettify' rather than support the academic argument? If the former you will need to clear permission

TopClearing Illustration and Table Permissions 

Figures and tables 

• You will need permission if:
  • you intend to use a direct copy of any photograph, line drawing or table that has been previously published in another source
  • you intend to adapt a line drawing or a table that has been previously published in another source
• You do not need permission if:
  • you intend to use raw data to construct a figure illustration or table (although the source of the data must be credited)

Works of art 

• To reproduce the image of a work of art, you need to source a photograph of it
• If it is a painting that you want, you to need to find out who owns the copyright, in order that you can apply for permission from the correct source:
  • if the artist died more than 70 years ago, the painting will be in the public domain
  • if the artist died less than 70 years ago, or is still alive, you will need to ask permission of either the painter or the painter's estate (most twentieth-century artists are still in copyright)
  • if the painting is owned by someone privately, you will need to ask permission of the owner
  • if the painting is on display in a gallery, the gallery owner must give permission, too

  In each of the above instances you will also need to establish: 

  • if the photographer owns the copyright in the photograph. If so, you'll also need to apply for permission from the photographer
• You should be aware that you may need to pay a reproduction fee  to the owner and a copyright fee  to the artist; this can prove very expensive
• For most fine art it is cheaper to approach museums and galleries direct, rather than contacting a commercial art picture library. Photographs and permission for contemporary artists can usually be obtained through their dealer or gallery. Check the Internet for details or try www.artincontext.com 
• Artists' copyright can be cleared through the following organizations:

In the UK Design and Artists Copyright Society (DACS) Parchment House 13 Northburgh Street London EC1V 0JP Tel: +44 (0) 20 7336 8811 Fax: +44 (0) 20 7336 8822 http://www.dacs.co.uk  or email: info@dacs.org.uk 

In the US Artists Rights Society (ARS) 536 Broadway, 5th Floor (at Spring Street) New York NY 10012 Tel: (1) 212 420 9160 Fax: (1) 212 420 9286 http://www.arsny.com 

Photographs 

• Unless otherwise stated, you should apply to the publisher for permission to reproduce a photograph 
• However, in some instances, copyright may reside with the photographer. The source of the photograph should be given in the figure caption or in the acknowledgements, and it is to this source that you should apply for permission 
• You will need permission before using a photograph from a picture agency 
• You must be aware of the owner's moral right of integrity in illustrations. This can be infringed by:
  • cropping photographs
  • changing colours in artwork
• If you want to use a photograph you've taken of someone, you should seek permission from them. If they object to the context of the photos, then you are technically in breach of copyright (this comes under the moral right of privacy). See also Using Patient Information and/or Images 

Film stills and frame grabs 

• If film stills are obtained or frame grabs taken for the purposes of criticism or review their use will be considered fair dealing  if accompanied by a 'sufficient acknowledgement'. In order for the use to be fair, it is advisable that you use only a reasonable number of images from any one film and that, in the case of each individual film, the examples used should not form more than an insignificant proportion of the book. The acknowledgement must give the film's name together with the name of its producer. In addition, for films made on or after 1 July 1994, it must also give the name of the film's principal director 
• If there is any doubt about whether your use constitutes fair dealing please contact the indicated copyright holder 
• If this information isn't available you can try contacting picture libraries such as the Kobal Collection and The Ronald Grant Archive for photos of Hollywood and other mainstream films, as these sources can give permission for use. Do not approach major studios - most will refuse permission or charge extremely high fees
• In the UK, the British Film Institute stills library is a useful source for photographs but bear in mind that they cannot grant permission - they are best used for non-mainstream films, and you will still need to contact the copyright holders

Advertisements 

• Advertisements are not covered by the fair dealing law, so permission has to be cleared in all instances 
• Companies usually give permission with no fee because, in effect, using their advertisements gives them additional advertising. It is always worth sending the accompanying text along with the permission request to reassure the company that you are not saying anything negative about the advertisement

Fees 

• Print fees tend to be charged by museums, galleries and similar public sources. These fees are payable whether the illustration is published or not, and mean that you have bought a copy of the image (though not the rights). It is always worth finding out what the arrangements are by a preliminary phone call. Sometimes it is possible to negotiate a special fee 
• Hire fees are usually charged by commercial photo libraries and museums for the loan of colour material, but occasionally for black and white too, and they are payable whether or not the material is used. Hire fees are often calculated on a monthly basis so it is worth extending the free loan period by negotiating with sources 
• Search fees are charged by many commercial picture libraries for researching and supplying material at your request. An average search fee is £30 per request, payable whether or not the material is used 
• Reproduction fees , for example those charged by photo libraries, are paid only if the illustration is reproduced, and if possible you should arrange to pay these fees on publication. Explaining that the book is a student textbook, with a small print run, may well help reduce the fee 
• Copyright fees may be charged by the publisher for use of the material if the work of art or photograph is still in copyright

TopPresentation of Photocopied Material in your Final Manuscript 

This applies whether you are sending material to the copyright holder or to Blackwell in the form of the final manuscript

• All material must correspond to its description in the source list/acknowledgements and should not be a version taken from a different source 
• Each article, quote, table or figure should ideally be accompanied by the title page and copyright page of the publication it was taken from 
• Please indicate clearly which pages are to be reproduced if an article is being excerpted in any way. Mark the start and finish point of each excerpt, clearly striking through any material (this may include original notes or references) to be deleted 
• Where notes or reference material were originally published at the end of the book please ensure that this, too, is photocopied and added to the article 
• Please photocopy so that the original page numbering is not cropped at the top or bottom of the page. All previously published material must be reproduced so that only one previously published page appears on each photocopy. This helps reduce eye-tiredness for copy editors when they are marking up material for setting, and for the typesetters when rekeying. It can also often improve the legibility of densely set material

TopUsing Patient Information and/or Images 

• When photographs are part of a medical record, they are governed by the patient-medical staff relationship of confidence and no one can distribute, sell or exhibit them without the consent of the Health Authority and the patient. Doctors who have taken medical photographs for purposes other than the patient's medical record have ethical duties to the patient that extend beyond the law to protect the patient's right to confidentiality 
• In legal terms, a breach of privacy can occur if a patient can be identified from a published photograph, image or case report. UK laws in relation to an individual's right to privacy are currently being reviewed in the light of European directives. Furthermore, medical publishing operates on a worldwide basis, and the stricter privacy provisions of other countries must also be taken into account 
• Please bear in mind the following points: 
  • The General Medical Council insists that informed consent must be obtained from patients for use of information or images from which patients may be identified, for teaching purposes or for publication (see also the BMJ article Informed Consent: edging forwards )
  • A breach of confidentiality or privacy will not usually occur where the patient in the material has been made anonymous 
  • Masking patients' eyes is not adequate in making a photograph anonymous 
  • Photographs of patients may be recognizable to individuals and their families, even if the head and shoulders are not included 
  • Patients can recognize themselves from clinical descriptions or case reports if their details have not been made sufficiently anonymous 
  • It is the author's responsibility to seek informed patient consent where necessary, using the Patient Consent Form 

TopWhen is Permissions Clearance Completed? 

Although you should make every effort to clear copyright, there are occasions when a book must go to press, despite the fact that some permission requests have not been answered. In this case you should insert a standard disclaimer at the beginning and end of your list of acknowledgements: 

• The author/editor and publisher gratefully acknowledge the permission granted to reproduce the copyright material in this book: 
• Every effort has been made to trace copyright holders and to obtain their permission for the use of copyright material. The publisher apologizes for any errors or omissions in the above list and would be grateful if notified of any corrections that should be incorporated in future reprints or editions of this book.

Creating an acknowledgements list 

• The source list you initially prepare will also form the basis of the Acknowledgements page 
• You should supply a complete acknowledgements list for any material you are clearing along with the final manuscript. This should be numbered in the order that the material appears in the script, as this will allow in-house staff to double-check quickly that each piece that needs clearance has been cleared before we put the book into production 
• Please indicate clearly if there is any material for which you are still waiting for permission

TopForms 

If requesting permission to reproduce material from a Blackwell publication: 

• If you wish to request material from a Blackwell Publishing book/journal or the imprints BPS Blackwell, Blackwell Publishers, Blackwell Science, Polity Press and Futura Publishing, please go to the following link: http://www.blackwellpublishing.com/rights 

If requesting permission to use material published by another company for use in a Blackwell Publishing publication:

• Complete the Permission Request Form , available in pdf  or doc  format 
• Either complete the form electronically and e-mail it directly to the publisher or print off the form and post it to the publisher. Please ensure you keep a copy for your own records 
• Many publishers request a specific credit line, which should be added to the end of the figure or table caption or, for articles, to the chapter opening page or prelims. If no specific credit line has been requested, use the following or similar wording: Reprinted with permission from M.H. Johnson and B.J. Everitt, Essential Reproduction , 5th edn. Oxford: Blackwell, 2000.

If requesting permission to use a patient photograph: 

• Complete the Patient Consent Form , available in pdf  or doc  format