 |
My Account | |
Shopping Cart | |
Help | |
Contact Us |  |
 |
|
|
|
 |
|
|
|
||||||||||||||
|
|
When do I need to request permission? What is "fair use" in the United States? What is "fair dealing" in the United Kingdom? How long does it take to receive permission? To which office should I apply for permission? Do I also need permission from the authors? Has Pfeiffer licensed its titles to the Copyright Clearance Center, Inc. in the US? Has Pfeiffer licensed its titles to the Copyright Licensing Agency in the UK? Has Pfeiffer licensed its titles to Access Copyright in Canada? What does "material credited to another source" mean? If I paraphrase, do I need to credit the source and/or request permission? If I redraw a figure, do I need to credit the source and/or request permission? Do you provide individual copies of book chapters or journal articles? When a book is out of print, does that mean it is no longer protected by copyright? What if I need permission before your set turnaround times? If I can’t locate the current copyright owner, can I still use the material? Copyright is the property right of creators of "original works of authorship," for example, literary, dramatic, musical and artistic works and includes the following exclusive rights:
Because the copyright holder retains these exclusive rights, individuals wishing to use portions of copyrighted material in any number of ways (for example, in books they are writing) may need to request permission from the copyright owner. By securing these exclusive rights for creators, copyright provides a direct incentive for authors to create new works. This incentive is expressly recognized in Article 1 Section 8 of the U.S. Constitution which grants Congress the power "To promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries." A similar purpose is expressed in other national copyright laws and international treaties. Authorization to make a copy (whether paper or electronic) of material protected by copyright. Some examples of common reuses are republishing such material in another work or making and distributing photocopies of such material. When do I need to request permission? When your use of copyright protected material exceeds the limits of "fair use" or "fair dealing". In the case of republication of copyrighted material in a work you are writing, you should consult your publisher for its "fair use" or "fair dealing" guidelines. In the case of photocopying for academic use, you should consult your university or institution for guidance on what is permitted under its "fair use" or "fair dealing" guidelines or under any applicable license agreement. What is "fair use" in the United States? The Association of American Publishers describes "fair use" as follows: The Doctrine of "Fair Use" under the U.S. copyright law permits, in limited situations, the use of portions of a copyrighted work without the copyright owner's permission. Four basic factors must be examined in determining whether a use is a "fair use": the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole; and the effect of the use in question upon the potential market for or value of the copyrighted work. No one factor is determinative of a person's right to use a copyrighted work without permission. What is "fair dealing" in the United Kingdom? The UK Copyright Acts (1911, 1956, 1988) specify that a copyrighted work can be drawn on without infringement for the purposes of
provided that due acknowledgment is made to the source. Fair dealing for the purposes of research or private study only applies to literary, dramatic, musical, and artistic works, and is mainly for students or researchers working on projects which will be seen by a relatively small number of people. Fair dealing will not apply when "the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose." Fair dealing for the purposes of reporting current events is mainly used in journalism. Events must be current, rather than historical, and photographs are excluded from the fair dealing exception. Fair dealing for the purposes of criticism and review is primarily used in the book and journal publishing industry. It must be shown that there has been criticism and review of a work used, and this can be of a single aspect of that work. Provision is also made for the use of short extracts from literary and dramatic works in anthologies clearly intended for educational use, provided that the original works from which the material is drawn were not intended for educational establishments, that due acknowledgment is made, and that the majority of the material to be included in the collection is in the public domain. In addition, no more than two extracts by works from the same author (provided his or her work is still in copyright) can be included in collections published by that publisher within five years. Other copies made for educational use are permitted provided they do not amount, in total, to more than 1% of any work in any given quarter. If there is a license in place to cover such copying, and the user knows or should know of this license, they are not allowed to make copies other than under the terms of the license. The publisher’s rights in the typographical arrangement are not infringed, provided that the purpose of the usage is in keeping with the definition of fair dealing None of the UK Acts has specifically defined the amount of material which constitutes fair dealing. The guidelines issued by the Society of Authors and the Publishers Association suggest that permitted amounts would be: Single extract (prose) - up to 400 words Illustrations have never been included in the provisions for fair dealing. Does the concept of "fair use" or "fair dealing" exist outside the United States and the United Kingdom? Some countries may have a similar concept in their copyright laws. You may wish to contact your local Reproduction Rights Organization for further information. How long does it take to receive permission? For Pfeiffer, it generally takes 2 weeks to process photocopying requests and 4 weeks to process republication requests. If your deadline is sooner, please notify us and we will try to accommodate your needs. To which office should I apply for permission? Pfeiffer's parent company, John Wiley & Sons, has offices in the following countries:
For Pfeiffer products, it may be faster to contact that office directly. However, be assured that requests received by any Wiley office are promptly forwarded to the appropriate location. Do I also need permission from the authors? Unless the permission grant we send to you states that you need the author’s approval, you are not required also to seek the author’s permission. This information may appear on the masthead of the journal. In some instances, Wiley must obtain an author’s approval before granting permission. In such cases, contacting the author will be handled by the Wiley Permissions department. In some cases, Wiley may have reverted rights to an author. In such cases, we will indicate that you do need to contact the author. The Author's Registry may be of assistance in locating U.S. authors. The permission license I received from you says I should state the name of the copyright owner in my credit. How do I know who the copyright owner is? The copyright owner is the company or person whose name appears in the copyright notice. You will find this information on the copyright page of the work. For books this is generally the page following the title page. For journals this information is on the same page as the masthead. Has Pfeiffer licensed its titles to the Copyright Clearance Center Inc. in the US? Yes. Most of our journals and many of our book titles are licensed to the CCC. Has Pfeiffer licensed its titles to the Copyright Licensing Agency in the UK? Yes. All of our journal and book titles are licensed to the CLA. Has Pfeiffer licensed its titles to Access Copyright in Canada? Yes. What if the material I wish to use in the Pfeiffer, Jossey-Bass, or Wiley work has a credit to another source? If material in one of our works is credited to another source, you must apply directly to that source, unless the credit notice indicates that Wiley adapted the material, in which case you must apply to both Wiley and the original source for permission. What does "material credited to another source" mean? The material is not original to our work. We received permission from the copyright owner to include the material in our work. If I paraphrase, do I need to credit the source and/or request permission? If you paraphrase material, you are still required to credit the original source. If your paraphrasing exceeds the limits of "fair use" or "fair dealing", you must request permission. Paraphrasing is not a way to by-pass copyright protection. If I redraw a figure, do I need to credit the source and/or request permission? If you redraw a figure, you have created an adapted version of the original figure. You are still required to credit the original source. If the number of figures you are redrawing exceed the limits of "fair use," you must request permission from the original source. Redrawing is not a way to by-pass copyright protection. Do you provide individual copies of book chapters or journal articles? Wiley, Pfeiffer's parent company, now offers the Wiley InterScience Pay-Per-View service, which provides access to individual book chapters and journal articles. Our Reprints department can provide reprints of chapters or articles for orders of 100 copies or more. If you wish reprints for a journal published by Wiley US please contact Craig Woods at cwoods@wiley.com or by telephone at (201) 748-8771. If you wish reprints for a journal published by Wiley UK please contact Jackie Sibley at jsibley@wiley.co.uk or by telephone at (44) (1243) 773351. Wiley does not offer a reprint service for book chapters. Do you provide camera-ready artwork of materials for reproduction, along with permission to reproduce the material? Wiley, Pfeiffer's parent company, does not provide such a service. When a book is out of print, does that mean it is no longer protected by copyright? No. The term of copyright is not determined by the publication status of a work. You must request permission to use material from out-of-print books if the use exceeds the limits of "fair use" or fair dealing. Is there a percentage of a copyrighted work which I can photocopy for educational purposes without requesting formal permission? National laws seldom specify the precise amount of material which may be copied for educational use without permission. The legal situation in your own country will apply to you. Guidelines for customers in the US can be found in the US Copyright Act. Although the "fair use" provisions of the U.S. Copyright Act (Section 107) mentions educational uses as "fair uses", the statute does not give specific details such as percentages of material. However, in accordance with Section 107 of the U.S. Copyright Act, Congress published an Agreement on Guidelines for Classroom Copyright in Not-For-Profit Educational Institutions. A copy of these guidelines can be found on the Association of American Publishers' website. Provision in the UK Copyright Acts is made for the use of short extracts from literary and dramatic works in anthologies clearly intended for educational use, provided that the original works from which the material is drawn were not intended for educational establishments, that due acknowledgement is made, and that the majority of the material to be included in the collection is in the public domain. In addition, no more than two extracts by works from the same author (provided his or her work is still in copyright) can be included in collections published by that publisher within five years. Other copies made for educational use are permitted provided they do not amount, in total, to more than 1% of any work in any given quarter. If there is a license in place to cover such copying, and the user knows or should know of this license, they are not allowed to make copies other than under the terms of the license. You may also wish to consult your school, university or institution regarding its "fair use" or "fair dealing" guidelines. If I am the author or co-author of a work (i.e., book, book chapter, journal article, etc.), do I need to request permission to reuse my own material? The answer depends on your agreement with your publisher, which you should consult. In general, most book authors and contributors would have to request permission in any case that exceeds the limits of "fair use" or "fair dealing". If you have contributed to a Wiley journal, you or your institution have reserved certain rights under your agreement. If you are a US Wiley author and are unsure of your rights under your agreement, please consult with your editor or call the Permissions department at (201) 748-6512. If you are a Wiley UK author and are unsure of your rights under your agreement, please consult with your editor or call the Permissions department at (1243) 770347. What if I need permission before your set turnaround times? Please always advise us of your deadline and we will try to meet it. We welcome follow-up telephone calls, which can be made to (201) 748-6512, from 8:30 a.m. to 4:30 p.m. E.S.T. We prefer that you call before you resubmit your request to avoid duplicate permissions requests and grants. There are many factors that add time to the permissions process, but the main factor is simply the volume of requests. We suggest you submit your request as early as possible. If I can’t locate the current copyright owner, can I still use the material? A copyright protected work may change ownership many times during its term of copyright. For example, the work may have been sold by one publisher to another, the rights may have been reverted to the author, or a deceased author may have bequeathed his literary works to his or her heirs. You should keep a record of all attempts you have made to locate the current copyright owner. Then, you should consult your university, institution, or publisher regarding use of the copyright protected material under such circumstances. |
|
 | |||
|
