UNC Press Guide to Securing Art and Text Permissions

Transcription

1 UNC Press Guide t Securing Art and Text Permissins I. Overview II. Definitins --Public dmain --Fair use --Cpyright hlder --Licenses fr high reslutin files III. Minimum and Preferred Permissins Requirements IV. Hw t Obtain Permissin fr Illustratins: A Step-by-Step Guide V. What Abut Text Permissins? VI. Permissins Dcuments t Submit with the Final Manuscript VII. Art and Text Permissins Lg Instructins VIII. FAQ --What if I have hard cpies f illustratins but n digital files? --What abut maps, graphs, and charts? IX. Additinal Resurces Helpful Websites UNC Press Permissin Frm 1

2 I. OVERVIEW As an authr, r as editr f a cllective wrk, yur cntract with UNC Press places respnsibility n yu fr btaining the necessary permissins fr publicatin. Yu may need t seek permissin fr use f any material in yur bk t which yu d nt hld the rights and that is prtected under cpyright law. Such material falls int tw general categries: images and text. This guide is meant t help yu understand when yu may need t btain permissin fr images r text, and when yu may nt need t btain such permissin. UNC Press encurages yu t cnsider yur ptins fr fair use, and t understand the terms f public dmain, befre embarking n the permissins prcess. By ensuring that yu have the prper permissins in place and maintaining clear dcumentatin f yur prcess, yu help prtect yurself and UNC Press frm facing legal actin fr cpyright infringement. The permissins prcess can take sme time, especially if yu are planning t include a lt f artwrk in yur bk, r if yur bk anthlgizes previusly published wrks. Because all rights infrmatin must be checked by Press staff befre cpyediting can begin, any necessary permissins paperwrk must be submitted with yur final manuscript. We encurage yu t start the prcess early t avid causing delays t yur bk s publicatin schedule. Please read the Definitins sectin carefully, and cntact yur editr early and ften with any questins. II. DEFINITIONS Befre we get int hw t find images and btain permissin, it s imprtant t understand a few key terms: public dmain fair use cpyright hlder licensing agreements fr high-reslutin files Yu ll want t cnsider whether an image r text is in the public dmain r falls under fair use befre starting t seek permissin. Public dmain. Wrks in the public dmain are nt prtected by cpyright, generally either because the wrk was never under cpyright in the first place (ie., wrks prduced by the U.S. gvernment) r where the cpyright perid has expired. Yu may reprduce wrks in the public dmain withut permissin (althugh yu shuld give full citatin t yur surce). All materials published in the United States befre January 1, 1923 are in the public dmain. Fr mre infrmatin, please see 2

3 Fair use. Fair use is a set f exemptins built int U.S. cpyright law meant t safeguard the right t use cpyright-prtected materials fr the purpses f criticism, cmmentary, news reprting, and schlarship. There is n single litmus test fr determining whether smething des r des nt qualify as fair use. Rather, fair use entails a cmplex f legal guidelines and precedents that needs t be actively exercised and defended t remain intact. Fr an verview f fair use and the fur factrs that are cnsidered in a fair use analysis, see Shuld yu claim fair use fr a cpyrighted image r text extract, we ask that yu write up and submit a brief statement with yur ratinale. Many f ur authrs have fund the language in the Crnell Fair Use Checklist helpful in articulating their ratinale. UNC Press strngly supprts fair use dctrine and encurages its authrs t assert fair use f materials where apprpriate. That said, Press staff cannt ffer legal advice r guidance n the merits f fair use claims. Ultimately the respnsibility t make a claim rests with the authr, and yu shuld seek advice frm legal experts r campus cpyright fficers if necessary. Cpyright hlder. If an image r text extract des nt fall under fair use r public dmain, yu ll need t cntact the cpyright hlder and ask fr permissin. A cpyright hlder wns the rights t such material, and it is nt uncmmn fr a cpyright hlder t charge a fee fr use. Nte: Such a fee fr permissin may be separate frm the cst f prviding a reprductin f an image fr use by the Press in prducing yur bk. If the cpyright hlder cannt prvide a high-reslutin reprductin f an illustratin fr the Press s use, yu may need t secure a separate licensing agreement frm the party prviding the reprductin. See the next definitin fr mre abut this. A licensing agreement fr a high-reslutin file allws yu t btain and use a digital, high quality versin f an illustratin. Fr mst phtgraphic illustratins t be reprduced in black-and-white, the Press requires a high-reslutin file at a size f at least 5 x7 at 300ppi. Please read the Press s Digital Art Guidelines nw s that yu fully understand ur digital art requirements. If yu have any questins, just cntact yur editr and editr s assistant we re mre than happy t help, and asking questins early will save yu a lt f time and effrt later. 3

4 III. MINIMUM AND PREFERRED PERMISSIONS REQUIREMENTS At minimum, all interir text and art must have nn-exclusive wrld rights fr print and ebk. Ebk rights are primary publicatin rights and are therefre nt ptinal. Please understand we cannt permit the use f an image r text in a bk if ebk rights are nt clearly prvided in permissins/licensing dcumentatin. Our preferred permissins language fr interir text and art: wrld rights fr all editins (including electrnic/ digital frmats), use in prmtinal materials (such as ur catalg), in subsidiary licenses (such as translatins r bk clubs), and versins made by nnprfit rganizatins fr blind r physically handicapped persns. We prvide a frm with this language fr yu t use with rightshlders (see UNC Permissins Frm under IX. Additinal Resurces ). Yu re welcme t edit the tp prtin as needed fr each text and image situatin. Just leave intact the rights request language at the bttm. Sme cpyright hlders and institutins will nt sign the UNC Press permissin frm and instead ask yu t sign their wn use agreement. This is fine, but please review the use agreement with yur editr befre yu sign and pay fr a scan. We need t ensure that the agreement meets ur minimum permissins requirements and desn t include restrictive grants f rights/use. Rightshlders will frequently specify permissin fr ne-time use in their grant f rights. The Press generally interprets ne-time use t mean use in a single editin f the bk published in any frmat. S, it wuld cver a print cpy, a digital cpy, and s n, s lng as it is the same editin f the bk. IV. HOW TO OBTAIN PERMISSION FOR ILLUSTRATIONS: A STEP-BY-STEP GUIDE 1. Select an illustratin yu d like t include in yur bk. Make sure yur selectin has been discussed and apprved by yur editr. (Generally, yur editr will want t review all illustratins with yu at nce.) 2. Select a place t secure a high reslutin reprductin, ideally ne that wn t demand a high fee r include use restrictins (ie., a gd research library r nnprfit rganizatin). Remember that we strngly encurage yu t share all utside licensing agreements with yur editr befre yu sign and pay fr a scan. 3. Cnsider whether use f the image qualifies as public dmain r fair use (see discussins abve). If yu wish t claim fair use, remember t describe in writing a brief justificatin; yu ll need t submit this justificatin t the Press when yu turn in yur final manuscript, illustratins, and permissins. 4. If necessary, seek permissin frm the cpyright hlder. As with high reslutin file licensing agreements, we strngly encurage yu t share with yur editr and editr s assistant all utside agreements befre yu sign and pay fr rights. 4

5 V. WHAT ABOUT TEXT PERMISSIONS? We encurage yu t apply the fair use guidelines fr use f cpyrighted text that supprts yur argument/is invlved in analysis. Yu d nt need t write a justificatin fr yur fair use f primary r secndary text used fr these purpses. Yu als d nt need t secure permissin fr brief qutes f primary and secndary surces. These shuld be cited using cnventinal standards f attributin. The fllwing situatins d NOT require permissin t reprduce text: Yur wn previusly published wrk, t be reprinted in verbatim r clse-t-verbatim frm, where the publicatin agreement specifies that yu may reuse the material in yur wn authred bk; Yur wn previusly published wrk, where yu have retained publishing rights; Yur wn previusly published wrk, where yu have made substantial revisins t the earlier versin Brief qutatins f cpyrighted primary r secndary surce material that is apprpriately cited and used in supprt f yur argument/analysis The fllwing situatins DO require permissin t reprduce text: Yur wn previusly published wrk where the publishing rights are held by smene else (fr example, a jurnal publisher); A cntributr s new r reprinted essay (in the case f new wrk, UNC Press will take care f the permissin thrugh a cntributr agreement); Extended passages frm pems, sng lyrics, r ther literary wrks that are nt analyzed within the text (fr example, in an epigraph) Unpublished archival material (letters, diaries, etc.), when specified by the library r archive that hlds the material, r when directly received frm a rightshlder 5

6 VI. PERMISSIONS DOCUMENTS AND FORMS When yu submit yur final manuscript t the Press, yu ll als need t submit the fllwing permissins infrmatin in bth electrnic and hard cpy: 1.) Art and Text Permissins Lgs will help yu (and us) keep track f permissins. Belw yu ll find instructins fr cmpleting the lgs. Please use a separate lg fr text and illustratin permissins. The Permissins Lgs (Excel files) are available n the Authr Prtal ( - - passwrd: 01authr40). 2.) Dcumentatin f all cpyright and/r license infrmatin either with a permissin letter, fair use justificatin (usually ne paragraph per fair use item), r by explanatin n the lg that neither cpyright nr use is cntrlled by anther party. Fr illustratins, please label each permissin frm r fair use justificatin with the crrespnding illustratin name and number(s) fr example, Figure 2, r if ne permissin cvers several images, Figures 3, 5, and 10. Yur images shuld be numbered cnsecutively thrughut the manuscript if there are fewer than ten items r numbered accrding t a duble-number system (Map 6.2 being the secnd map in Chapter 6, e.g.) if there are mre than ten. Be sure t name electrnic files with the crrespnding Figure number. The file naming and numbering system fr art shuld lk like this the Figure number plus yur last name. Please d NOT use lng file names/descriptrs, and d nt use spaces. Fig_01_Lewis OR Fig_1.1_Lewis Fig_02_Lewis OR Fig_1.2_Lewis Fig_03_Lewis OR Fig_2.1_Lewis Fig_04_Lewis OR Fig_3.1_Lewis Map_01_Lewis OR Map_4.1_Lewis Fr text permissins, please write the crrespnding chapter(s) at the tp f the permissin frm. Be sure t name electrnic files with the crrespnding Chapter number, like this: Ch6_Lewis 6

7 VII. ART AND TEXT LOG INSTRUCTIONS Art Lg Please accunt fr all illustrative material by listing each item n a separate line in the rder in which the items will appear in the manuscript. Clumn A, Chapter: The chapter in which the illustratin appears. Clumn B, Illustratin Number: The illustratin type and number (ie., Figure 1, Map 1, Table 1, etc.) Clumn C, Manuscript Page N: The manuscript page n which the illustratin appears. (Yur MS shuld be numbered cnsecutively, frm beginning t end. D nt restart numbering at 1 fr each new chapter.) Clumn D, Item Descriptin: A shrt descriptin f the item at hand. Clumn E, Surce and Credit Line: Where the item came frm, and the apprpriate credit line per the permissins dcumentatin. This credit line shuld match the credit line in yur Captins and Credits dcument. Clumn F, Permissin Type: This is a drp-dwn menu; just click in an pen cell and a drpdwn arrw will appear. Click n the arrw, and chse an ptin: Received (using UNC Press standard permissin frm): yu used the UNC supplied permissin frm, and a rights and/r license hlder signed it. In this case, select Yes fr clumns H, I, J, K, and L. Received (using third-party permissin frm): a rights and/r license hlder supplied their wn frm. In this case, yu shuld have shared the agreement with yur editr and made sure it grants the rights the Press needs withut impsing restrictins we can t abide by. Fill ut clumns H, I, J, K, and L accrdingly. Public dmain: Wrks in the public dmain are nt prtected by cpyright. Select Yes fr clumns H, I, J, K, and L. Fr mre: NOTE: Wrks in the public dmain may require a license t btain and use a highreslutin file. That is, cpyright is nt a prblem, but yu may have t pay fr and agree t terms f use fr a high-reslutin file. Be sure t cnsult with yur editr t ensure the license des nt include unacceptable restrictins. Yu may als need t give credit t the licensing institutin in yur captins and credits dcument. Fair use: Fair use is a set f exemptins built int U.S. cpyright law designed t guarantee the right t use f cpyright-prtected materials fr the purpses f criticism, cmmentary, news reprting, and schlarship. If yu use this ptin, select bxes H, I, and J. Fair use des nt cver prmtinal use and subsidiary rights. Shuld yu claim fair use, we ask that yu write up and submit a brief paragraph defending yur decisin t d s. NOTE: As with public dmain, if the surce f the image (such as an archive r library) requires that yu sign a use license, yu must abide by the terms f the license. Be sure t cnsult with yur editr t ensure the license des nt include unacceptable 7

8 restrictins. Yu may als need t give credit t the licensing institutin in yur captins and credits dcument. Nt needed-authr created. Yu tk the phtgraph, drew a map, created a graph, etc. In this case, select Yes fr clumns H, I, J, K, and L. Nt needed-see cmments. Use this fr less frequent situatins in which cpyright desn t apply fr example, if yu have an image in yur persnal cllectin, are using persnal family dcuments, etc. Needed-seeking. Ideally, yu will nt use this ptin. Permissins must be in hand when yu submit yur manuscript and supprting materials t UNCP. Hwever, if a rights hlder is being particularly slw, let us knw when yu expect t receive the permissin. Clumn G, Cmp Due: Select Yes r N, depending n whether r nt the permissin granting institutin requires a cmplimentary cpy f the finished bk. Clumns H, I, J, K, and L: Types f rights that a permissin hlder can grant: H: Wrld Rights (required) allws the Press t sell the bk with the image thrughut the wrld I: Print Frmat (required) allws the Press t sell the bk with the image in print frmat J: Electrnic Frmat (required) allws the Press t sell the bk with the image in efrmats (including ebk and databases) K: Catalg & Prmtinal (recmmended) allws the Press t use the image in catalg and/r prmtinal materials L: Subsidiary Rights (recmmended) allws the Press t sublicense the bk with the image fr translatin, audi, r reprint, at n extra charge. Clumn M, Cmments: Use this space t nte any questins r backgrund infrmatin that might be useful. 8

9 Text Lg We encurage yu t apply the fair use guidelines t cpyrighted textual qutatins. Please recrd nly thse qutes fr which yu fund it necessary t btain written permissin. The text lg perates just like the art lg, except that the cntents are fr text, rather than image, permissins. Please fill ut the Text Lg using the Art Lg instructins. A few special items: Clumn A: Make sure yu include the chapter number in which the text permissined item appears. Clumn D: If yu have btained permissin t reprint yur wn previusly published wrk, make sure t include a cmplete citatin fr the riginal wrk. Oftentimes the riginal publicatin will supply yu with this credit line; ther times, yu need t recreate the citatin n yur wn. VIII. FAQ --What if I have hard cpies f illustratins but n digital files? We re happy t make digital scans f yur materials. Just send them t yur editr well in advance f yur final manuscript submissin deadline. --What abut maps, graphs, and charts? Any illustratins neither prduced by the authr (yu r a cntributr) nr created as a wrk fr hire may require permissin t include in yur bk. Fr all art and especially maps and graphs please read the Press s Digital Art Guidelines nw s that yu fully understand ur digital art requirements. If yu have any questins at all, just cntact yur editr and editr s assistant we re mre than happy t help, and asking questins early will save yu a lt f time and effrt later. IX. ADDITIONAL RESOURCES Helpful websites Assciatin f University Presses Permissins FAQ Crnell Cpyright Center Fair Use Crnell Cpyright Center Fair Use Checklist Crnell Cpyright Center Public Dmain 9

10 Permissin Request Frm REQUEST FOR PERMISSION TO REPRINT Date: T: I request permissin t reprint the fllwing selectin(s) frm: Authr(s): Title: Cpyright year: Jurnal vlume/date: Selectin: Illustratins/ther: The material will be reprinted in a vlume tentatively titled: My bk will be published by the University f Nrth Carlina Press, a nn-prfit schlarly publisher, in a small print run. I am respnsible fr paying all fees, s I wuld appreciate a waiver r reductin f fees. If yu d nt hld cpyright in this material, please let me knw t whm I shuld apply. Standard acknwledgment f title, authr, and publisher will be given, r I will gladly use the credit line that yu supply. Rights requested: wrld rights fr all editins (including electrnic/ digital frmats), use in prmtinal materials (such as ur catalg), in subsidiary licenses (such as translatins r bk clubs), and versins made by nnprfit rganizatins fr blind r physically handicapped persns. I have prvided the release belw fr yur cnvenience. Please return the signed riginal request t me. Sincerely, ******************************************************************************** PERMISSION GRANTED: Authrized Signature Name (Please Print) Date 10