Permissions Basics for Catholic Publishers

ACP Membership MeetingSeptember 4, 2014

Some Common Copyright Myths Copyright Basics Application to Publishing

Using Material Creating Material

Outline of Today’s Session

Copyright laws don’t apply to non-profits. If we aren’t going to sell it, we don’t need permission. If there’s no copyright notice on something, it’s in the

public domain. If it comes from the Vatican, it’s in the public domain. We paid the author (photographer, artist, etc.) for the

work, so we own the copyright. If it’s more than 50 (or 75 or ...) years old, it’s in the

public domain. If it’s less than 500 (or 300, or 250) words, it’s fair

use.

Copyright Myths

I always like a dragon in my myths.(but beware you might get burnt!)

What is copyright? How do you get it? How long does it last? Why bother registering?

Copyright Basics

review or criticism short passages in a scholarly or technical work parody news report incidental and fortuitous reproduction, in a newsreel

or broadcast, of a work located in the scene of an event being reported

reproduction by a library of a portion of a work to replace part of a damaged copy

reproduction by a teacher or student of a small part of a work to illustrate a lesson

Fair Use

The purpose and character of the use,

including whether such use is of commercial nature or is for nonprofit educational purposes

The nature of the copyrighted work The amount and substantiality of the portion

used in relation to the copyrighted work as a whole

The effect of the use upon the potential market for, or value of, the copyrighted work

Determining Fair Use

How does your house make determinations

about fair use? What processes do you have in place with

regard to copyright registration? What additional information/resources about

copyright do you need for your staff?

Discussion

When to ask Who to ask For what do you ask How long it will take

Using Material

Title of work being excerpted Description of excerpt (number of words,

seconds of music or footage, etc.) Your use (media, length, print run, list price,

territory, term) Proof pages (?)

Information to Include in Your Requests

Get it in writing! Make sure you have necessary releases. Be very clear on terms – what do you own,

what can you do, what can you allow others to do, what do you owe.

Creating Material

http://thewalters.org/rights-reproductions.aspx  https://images.nga.gov/en/page/openaccess.html

http://www.getty.edu/about/opencontentfaq.html  http://artgallery.yale.edu/using-images

http://britishart.yale.edu/collections/using-collections/image-use

http://www.lacma.org/about/contact-us/terms-use   http://www.bl.uk/catalogues/illuminatedmanuscripts/reuse.asp  Index of Open Collections http://openglam.org/open-collections/

Resources for Images

Record-keeping is your friend. Beware of “commons” sites. Consider creating a “safe” library

of texts and images.

Final Recommendations

How do you manage permissions data (input

and management)? Who is responsible for requesting permissions

and updating records? Are permissions fees and royalties handled

differently in terms of approval and payment? What are your current and expected future

challenges in obtaining permissions?

Discussion

Questions