PERMISSIONS GUIDELINES



828675-409575PERMISSIONS GUIDELINESGENERAL RESPONSIBILITYIt is the author's responsibility, not the publisher's, to secure permission from the holder of rights (publisher, writer, owner, archive, or other source) for the use of illustrations; unpublished manuscripts, letters, or interviews; or for reprinting previously published material, including material previously published by yourself. You are also responsible for payment of any permissions fees incurred. In the case of a multi-author volume, you, as volume editor, should instruct the contributors that they are responsible for securing any permissions necessary for their own newly commissioned essays. PROCEDURESWhen all the permissions are in hand, you should forward them to your Acquiring Editor. Make a copy of everything for your own records. Permissions should accompany the final version of the manuscript when it is submitted to the Press ready for copyediting. The manuscript will not be released for typesetting until all necessary permissions are complete and in hand at the Press. The Press should have copies of all important correspondence related to permissions matters. A sample permission follows and can be adapted to most purposes. The basic factual information that is covered in the sample letter must be covered in any permissions request. You will find that most publishers will respond to your request with a contract-like form that you must sign. The Press will need a copy of this form. If you cannot trace the owner of rights, or receive no reply to your request, please contact your Acquiring Editor. If a fee seems unusually high, remember that it is sometimes possible to negotiate a price downwards.The following permissions table shows you what kind of information we need. If there are a large number of permissions for your book, it is often helpful to the Press (and yourself) to fill out and submit these tables with your final manuscript. Required credit lines may be incorporated in an acknowledgments section, on the copyright page of your book, in the notes or bibliography, in captions, or at the foot of the first page of a previously published essay or article. Please note any required placement on your cover letter accompanying the manuscript or on a permissions table.You cannot begin the permissions process too early. It is time consuming and often frustrating. If you leave these matters until the last minute, you are likely to find publication of your own manuscript delayed. FAIR USEIf the material you wish to reprint is brief, it may be considered “fair use” or “transformative use” and thus may require no permission. The current copyright law is vague on what constitutes fair use. Customarily, prose quotations from any single source may add up to one percent of the total length of what you are quoting (the old rule of thumb was 500 words). We recommend that if you use prose quotations from any single source that add up to more than 1,000 words you check with us before seeking permission. Seriously consider whether cuts can be made.The copyright law never mentions a maximum number of words, listing instead four factors to be considered in determining whether or not a particular use is fair:the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit or educational purpose;the nature of the copyrighted work;the amount or 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 the value of the copyrighted work.SPECIFIC CASESThe use of a complete previously published entity (a map, figure, or table), no matter how brief, requires permission for its use unless it is a government document. The copyright law states that permission is also required for a single line of poetry or song. Before you seek such permission, however, it is best to check with your Acquiring Editor to see whether the context in which the entity is used makes it likely to be construed as fair use. Epigraphs, when they are poetry, normally do require permission because they are not embedded in a scholarly discussion but serve a different function.For use of your own previously published material, you should check your agreement with the publisher to see who controls the reprint rights. Even if the copyright of an essay or article is registered in your name, the publisher may control the right to reprint. Normally, a journal will not charge you for use of your own work and all you need to do is write to the journal informing them of the intended re-use and assuring them that full credit will be given for previous publication (we call this a "courtesy letter"). If there is little exact quotation of the old material in the new version of it, you may not need to write at all. Letters or emails belong to the writer of the letter or to the writer’s heirs or estate. The recipient of a letter owns the physical letter but does not control the right to publish it. You may not quote any part of an unpublished letter without permission.Interviews conducted for a new publication, such as your own book, normally require a signed or tape-recorded release that indicates clearly that the subject understands that he/she may be quoted in a book. If you include interview material in your manuscript discuss permission with your Acquiring Editor as soon as possible. There is a sample interview release form in the Author Toolkit.Unpublished material requires that you take particular care. You should discuss such material with your editor.COPYRIGHT VERSUS THE RIGHT TO REPRINTIt is important to note that the copyright holder does not necessarily hold reprint rights, which often are licensed to a publisher. For example, a poem by Joyce Carol Oates may be copyrighted in her name, but her publisher or agent may control the right to reprint the poem. It is to the publisher that you must write for permission. Sometimes, however, a publisher will claim to hold rights that are not in the publisher's control. If you are writing for permission to reprint an article or essay or chapter of a book by a colleague, it is often a good idea to send that person a copy (for his or her information) of the letter you have sent to the publisher. This way, if there is a difference of opinion about who controls the rights, you are more likely to be able to determine whether it is the publisher or the author. As a courtesy to your colleagues, it is wise to let them know you intend to use their work, in any case.PUBLIC DOMAIN AND COPYRIGHT DURATIONAll government documents (including state and local jurisdictions) are in the public domain and may be freely reproduced or quoted.For more information see guidelines at the end of this document. You can also consult . This is the URL for the U.S. Copyright Office at the Library of Congress.IMAGESMany of the books the Press publishes contain images--film stills, frame enlargements, advertisements, pictures from magazines, comics panels--use of which may or may not be construed as fair use. Before you write for permission to use such material, you should consult with your Acquiring Editor and decide how to proceed. In general, museums may claim that famous paintings that are held in museum collections will require permission and payment of a fee. Photos of famous writers obtained from libraries or archives will very likely also require payment of a fee and permission for use. To use a photo illustrating the text that shows a clearly identifiable, living person, you normally need to provide the Press with a signed release form from that person. It is particularly necessary to have permission to use photos of underage children or people in a private, rather than a public, space. Even if we decide that you do not need to write for permission to use a film still, you should give full credit to the source of the image in the caption or elsewhere. Many authors incorrectly believe that pulling images off the web is permissible. This cannot be taken for granted. If you have such use in mind, consult with your Acquiring Editor. Any image used on the cover of a book or used in promotion and advertising will most likely require a letter covering such use. Fees for materials used for such purposes are often higher than for images used inside a book.If the Press requests a picture of you for advertising and promotion or for use on the jacket of your book, you need to supply a credit line for the photographer.If these guidelines leave you uncertain about whether to seek permission for material, check first with your Acquiring Editor. Staff members cannot offer legal advice, but they can discuss previous situations that may be relevant.Revised LB 11/17/15SAMPLE PERMISSION LETTER FOR TEXTDear [Name]:I am writing to request permission to reproduce [give full information about the book or the issue of the publication and the number of pages you plan to use] for use in the forthcoming book [title], which will be published by Rutgers University Press, a non-profit scholarly publisher, in the [season] of [year]. The Press plans to print a small number of hardcover copies for libraries and about [#] copies in paperback. The paperback book is aimed primarily at an academic audience and will be priced at approximately $[#]. It is very hard to calculate the number of e-books that will be sold.May I have permission? I am requesting non-exclusive world rights in English in all editions and all formats, including electronically in the context of the book as a whole. Because this is a scholarly publication, we hope you will keep your fee at a reasonable level.A release form is provided below for your convenience. Full credit will be given to all rights holders. If you are not the exclusive holder of these rights, will you please let me know whom else I need to contact? If you wish a certain wording for that credit, please specify it in the space given for credit line. If you have any questions, please feel free to contact me at [email address]. I would greatly appreciate a response by [date--asap].Sincerely yours,I hereby grant the permission to use this workSignature Title DateTax I.D. number or Social Security Number (if applicable)The credit line you should use is:You also need to seek permission from:SAMPLE PERMISSION LETTER FOR ARTWORKDear [Name]:I am writing to request a 300dpi digital file [at X size of reproduction] and permission to reproduce [title of work and artist] for use [on the cover of/inside] my forthcoming book [title], which will be published by Rutgers University Press, a non-profit scholarly publisher, in the [season] of [year]. The Press plans to print a small number of hardcover copies for libraries and about [#] copies in paperback. The paperback book is aimed primarily at an academic audience and will be priced at approximately $[#]. It is very hard to calculate the number of e-books that will be sold.May I have permission? I am requesting non-exclusive world rights for use in all editions and all formats, including electronically in the context of the book as a whole, [for internal use only / for use on the cover—on the cover, as well as in all promotions, catalogs, and advertising associated with the book]. Because this is a scholarly publication, we hope you will keep your fee at a reasonable level.A release form is provided below for your convenience. Full credit will be given to all rights holders. If you are not the exclusive holder of these rights, will you please let me know whom else I need to contact? If you wish a certain wording for that credit, please specify it in the space given for credit line. If you have any questions, please feel free to contact me at [email address]. I would greatly appreciate a response by [date--asap].Sincerely yours,I hereby grant the permission to use this workSignature Title DateTax I.D. number or Social Security Number (if applicable)The credit line you should use is:PERMISSIONS TABLE/ Text(Use a separate page for each permission and arrange in order of appearance)Date:Your Name:Title of Your Book:DescriptionPlease include author name, title of work, length of selection, page location in your manuscript.Rights HolderPlease include all contact information.Date permission requestedAttach copy of correspondence.Date of responseAttach copy of correspondence.FeeIndicate date paid.Gratis copies needed and for whomNote that this is your responsibility.Electronic rights granted?We will not publish anything where we do not have e-rights.English rights only?Indicate yes or no and any limitations.World rights granted?Indicate yes or no and any limitations.Credit lineIndicate special placement, if ments or problems or other limitationsIndicate if only first printing is covered by permissions but not that current printing methods do not allow such easy determinations.SAMPLEPERMISSIONS TABLE/ Text(Use a separate page for each permission and arrange in order of appearance)Date: 3/21/12Your Name: Terry ShawTitle of Your Book: Poetry and the BodyDescriptionPlease include author name, title of work, length of selection, page location in your manuscript.Lucille Clifton, poems: “to merle”; “homage to my hips”; “homage to my hair”; “i was born . . .”, full text of each poem, found on pages 149, 151, 152 and 156 of the manuscript.Rights HolderPlease include all contact information.Lucille CliftonC/o Curtis Brown, Ltd.Ten Astor PlaceNew York, NY 10003-6935(212) 473 5400Date permission requestedAttach copy of correspondence.February 1, 2012Date of responseAttach copy of correspondence.February 15, 2012FeeIndicate date paid.$300.000Paid on March 13, 2012.Gratis copies needed and for whomNote that this is your responsibility.2 copies to Lucille Clifton c/o Curtis Brown, Ltd.Electronic rights granted?We will not publish anything where we do not have e-rights.Yes.English rights only?Indicate yes or no and any limitations.Yes.World rights granted?Indicate yes or no and any limitations.No, rights apply only to English Language Edition in the U.S., Canada and its territories.Credit lineIndicate special placement, if any.Copyright ? 1980 by the University of Massachusetts Press. First appeared in two-headed woman, published by the University of Massachusetts Press. Now appears in good woman: poems and a memoir 1960-1980, published by BOA Editions, Ltd. Reprinted by permission of Curtis Brown, ments or problems or other limitationsIndicate if only first printing is covered by permissions but not that current printing methods do not allow such easy determinations.Permission applies only to first edition. Permission must be obtained for further editions and subsequent printings.PERMISSIONS TABLE/ Images(Use a separate page for each permission and arrange in order of appearance)Date:Your Name:Title of Your Book:DescriptionPlease include artist name, title of work, fig. #, location in your manuscript. (Please adapt accordingly for film stills or ads; director, title of film, magazine name, etc.)Size of reproductionNote that fee often corresponds to size of reproduction.Color or black and white?Indicate if color has been provided but black and white is to be reproduced.Limitations on usei.e. cropping and overprinting.Rights HolderPlease include all contact information.Date permission requestedAttach copy of correspondence.Date of responseAttach copy of correspondence.FeeIndicate date paid.Gratis copies needed and for whomNote that this is your responsibility.Electronic rights granted?We will not publish anything where we do not have e-rights.English rights only?Indicate yes or no and any limitations.World rights granted?Indicate yes or no and any limitations.Credit lineIndicate special placement, if ments or problems or other limitationsIndicate if only first printing is covered by permissions but note that current printing methods do not allow such easy determinations. SAMPLEPERMISSIONS TABLE/ Images(Use a separate page for each permission and arrange in order of appearance)Date: 3/21/12Your Name: Sonya DiazTitle of Your Book: Shoes and the Politics of ClassDescriptionPlease include artist name, title of work, fig. #, location in your manuscript. (Please adapt accordingly for film stills or ads; director, title of film, magazine name, etc.)Vincent Van Gogh, “A Pair of Boots,” Figure 1, page 22.Size of reproductionNote that fee often corresponds to size of reproduction.Half PageColor or black and white?Indicate if color has been provided but black and white is to be reproduced.Black and WhiteLimitations on usei.e. cropping and overprinting.No alterations without specific permissions. If a detail is reproduced, you must note in caption.Rights HolderPlease include all contact information.The Baltimore Museum of Art10 Art Museum DriveBaltimore, MD 21218Phone: (410) 396 6304 / Fax: (410) 396 6562Date permission requestedAttach copy of correspondence.June, 2012Date of responseAttach copy of correspondence.October 25, 2012FeeIndicate date paid.$25.0010/3/12Gratis copies needed and for whomNote that this is your responsibility.One copy to the Dept. of Rights and Reproduction, Baltimore Museum of ArtElectronic rights granted?We will not publish anything where we do not have e-rights.YesEnglish rights only?Indicate yes or no and any limitations.Yes. Permission granted for one time usage only.World rights granted?Indicate yes or no and any limitations.Yes. But only for this original English-language edition.Credit lineIndicate special placement, if any.The Baltimore Museum of Art: The Cone Collection, formed by Dr. Claribel Cone and Miss Etta Cone of Baltimore, Maryland.BMA 1950.302Comments or problems or other limitationsIndicate if only first printing is covered by permissions, but note that current printing methods do not allow such easy determinations.Reproduction permission is for one time usage only, in the publication for which the application was originally made. ................
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