What Material Requires Permission?

Share

This brief guide is designed to help authors figure out what needs permission to use, what doesn’t need permission, and how to apply for permission.  For more detailed  information, look online.

Author’s Responsibilities

Putting together a list of the permissions required for a project, and then obtaining them, is usually part of the author’s job. Here is what you need to do and how to do it.

Unless specifically provided for in an author’s contract, you are responsible for:

  • Obtaining written permission to use third-party copyright material. To do this, you should use the standard Permission Request Form or Screen Capture Permission Form.
  • Submitting all permissions documentation.
  • Paying fees if any, involved in obtaining permission
  • Informing the Cheshirepedia editors of the appropriate sources and credit lines for the third party material.
  • If in doubt about whether permission is needed, or if you run into any problems, contact the Editors.

Permission should always be secured for the following:

A single quotation or several shorter quotes from a full-length book, if the quoted material exceeds 300 words).

A single quotation of more than 50 words from a newspaper, magazine, or journal article.

Works of art, photographs, charts, tables, graphs

Material including all or part of a poem or song lyric, even as little as one line or the title

Quotations from informal writings: speeches, interviews, mission statements, questionnaires, classroom discussion, student work

Computer representations: the depiction of results of research on computerized databases, the on-screen output of software, reproduction of webpages, and the capture of Internet or other online screen shots. For small portions, fair dealing may apply (see next page). If, however, a website invites or authorizes copying and nothing indicates that it contains material original to others, permission is not needed.  The Screen Capture Permission Request Form should be used for screen captures.

How to spot material that doesn’t require permission

Fair dealing is a legal term and allows for the use of third party copyright material under certain circumstances. These include the use the other material for review or criticism, for the purpose of reporting current events (including photographs), and only apply if the third party work has been lawfully made available to the public and a sufficient acknowledgement is given to the copyright owner. Here is an example of a “sufficient acknowledgement.”

Title of book, Author, Copyright year, Name of copyright holder.

Title of Article, Author, Journal Title, Volume/Issue, Copyright year, Name of copyright holder.

Material that generally does not need permission

Facts and ideas (that you express in your own words)

Public domain (including expired copyright)

Public Domain includes State, federal, town documents; clip art.

U.S. copyrights expire 70 years after the author’s death

Third party trademarks, logos, and company names

Mathematical or chemical equations

Modified material (such as taking written material and presenting it in graph form)

What material is protected by copyright and what is not?

In some cases, such as works copyrighted by a group of people, it may be difficult to determine the status of the copyright.  The Editors are prepared to help you make this determination.

Permission Forms and Documents

Standard forms are available online or request them from the Editors by emailing cheshirepedia@cox.net.