Copyrighted Material Permissions
Using Copyrighted Materials
When in doubt about the legality of reprinting copyright-protected work, it’s always best to obtain written permission. Although the 1976 copyright law does suggest that some academic and nonprofit uses fall under the doctrine of “fair use,” meaning that they require no written grant of permission, controversy abounds over the limitations of “fair use.” There is general agreement that quoting a very brief passage (a paragraph or two, at the most) from a printed text for purposes of illustration does not require permission if appropriate credit is given. This credit should identify:
the original source of the material,
the author,
date of publication,
volume and number (if a journal),
publisher, and
any other identifying information.
Poetry, song lyrics, plays, and other shorter works are viewed differently. In the case of reprinting even a line or two of poetry, song lyrics, or text from a play, it’s best to request permission.
The web has made it virtually effortless to download and reproduce material. It has also led some people to assume that copyright law does not pertain and that everything on the Web is in the public domain. That is not the case. You may find a text excerpt, illustration, graphic, or photo on the Web without any credit or attribution because others have ignored copyright law. It may be necessary to search further to track down the actual copyright owner. You are legally obligated to do so. NCTSN will not publish materials for which proper permissions have not been obtained in writing. Possession of a graphic or text does not constitute permission, and permission to use something once for a particular purpose does not constitute permission to keep using it in other publications.
Even the author of an article or chapter should not assume that he or she has the right to reprint it elsewhere after it has been published in a journal or book. Depending on the grant of rights given to the publisher, this may not be the case. When in doubt, seek permission.
It is important when obtaining permission to use illustrations, graphics, or photographs that you inform the copyright holder of how large the image will be and whether it will appear inside your document or on its cover. Often, illustrators and photographers charge higher fees for cover use and full-page illustrations. It’s also helpful to include a photocopy of the work in question so that it’s clear exactly what you would like to use.
Every request for permission should include complete information about both the material to be used, and the work in which you would like to use it. See the next page for a sample Copyright Permissions Request Letter.
When you obtain written permission to reprint, you should also ask for the exact wording for the credit line. This line should appear in your document, either on the same page as the reprinted work or in an acknowledgments or credits section at the front or back of the document.
For further questions about copyright or obtaining permission, please contact the NCCTS Product Development Team at PDev@nctsn.org.
Copyrighted Material Permission Examples
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