Copyright and Permissions: What Every Writer and Editor Should Know

Copyright © 2020, 2012, 2008, 1996 by Elsa Peterson

Cover and design © 2020 Editorial Freelancers Association

New York, NY

All rights reserved.

No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including, but not limited to, photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher at Attention: Publications Chairperson, at the address below.

266 West 37th St. 20th Floor

New York, NY 10018

[email protected]

ISBN paperback 978-1-880407-37-0

ISBN ebook 978-1-880407-38-7

Published in the United States of America by the Editorial Freelancers Association.

Subject Categories: LANGUAGE ARTS & DISCIPLINES | Writing | Business Aspects | Publishers & Publishing Industry | LAW | Intellectual Property | Copyright | BUSINESS & ECONOMICS | Industries | Media & Communications

Legal Disclaimer

While the publisher and author have made every attempt to verify that the information provided in this book is correct and up to date, the publisher and author assume no responsibility for any error, inaccuracy, or omission.

The advice, examples, and strategies contained herein are not suitable for every situation. Neither the publisher nor author shall be liable for damages arising therefrom. This book is not intended for use as a source of legal or financial advice. Running a business involves complex legal and financial issues. You should always retain competent legal and financial professionals to provide guidance.

EFA Publications Director: Robin Martin

Copyeditor: Brooke Smith

Proofreader: Joy Drohan

Indexer: Elliot Linzer

Book Designer: Kevin Callahan | BNGO Books

Cover Designer: Ann Marie Manca

The author of this work is not an attorney, and this book is not to be taken as legal advice. It is meant solely to offer information to editorial freelancers and others in publishing. If you have questions about the legality of a particular use of copyright material, consult a lawyer.

ACKNOWLEDGMENTS

The author gratefully acknowledges the contributions of the EFA editing and production team; of the students in her Greenwich Continuing Education and EFA copyright classes; and of the late Ronald L. Freed, who as President of European American Music Distributors Corporation was the best boss a young professional could wish for.

Contents

ACKNOWLEDGMENTS

PART I: INTRODUCTION TO COPYRIGHT

What Is Copyright?

Copyright Facts and Fallacies

How Is Copyright Established?

What Cannot Be Copyrighted?

Public Domain and Fair Use

Patent, Trademark, Privacy, and Libel

How Long Does Copyright Protection Last?

PART II: COPYRIGHT IN THE TWENTY-FIRST CENTURY

The Digital Millennium Copyright Act

Social Media

Digital Collaboration

Google Books and the Internet Archive

Is Copyright Obsolete?

Will the Duration of Copyright Be Extended?

PART III: GUIDE TO PERMISSIONS EDITING

What Is Permissions Editing?

Four Basic Steps in Permissions Editing

Negotiating Fees

Dead Ends, Denials, and Disclaimers

Tips for Finding Permissions Editing Jobs

References

APPENDIX A: SAMPLE ACKNOWLEDGMENTS

APPENDIX B: SAMPLE PERMISSION REQUEST LETTER

APPENDIX C: RECOMMENDED RESOURCES

INDEX

About the Author

About the Editorial Freelancers Association (EFA)

PART I:

INTRODUCTION TO COPYRIGHT

This book is written by an editorial freelancer for the benefit of other editorial freelancers with the aim of covering the essentials of copyright as they relate to writers and editors. It is especially intended for those who work on a freelance basis because they can’t rely on a corporate legal department to keep them out of trouble when it comes to copyright. I also hope this book will inform those who are interested in working as freelance permissions editors and those who may be in a position to hire permissions editors. As such, it offers information about how permissions editing is done in the publishing industry. It was written from the point of view of an American freelancer; it is hoped that readers who live and work in other countries may find it informative, but they will need to consult other sources to understand how copyright works in the country where they are based. While this book cannot provide legal advice, it offers knowledge about the law and its applications in the world of editorial freelancing.

Copyright is a vast, fascinating subject. Copyright can also be frustrating—especially when a writer wishes to use material that is protected by copyright and is told: You can’t use that without permission. The best way to avoid this kind of frustration is to be knowledgeable about copyright, and that means acquiring information that will enable the would-be user to know:

whether the desired use of the material actually needs permission;

if it does, where and how to seek permission; and

what to do if permission is denied or is too expensive.

This is the kind of knowledge you will gain from this book.

This book is organized into three parts. Part I defines copyright and explains how it works. Part II discusses various aspects of the modern digital environment that have made copyright much more complex in the twenty-first century than it was in the days of ink on paper. The implications of the Digital Millennium Copyright Act are examined, as well as how social media and open-access initiatives such as Creative Commons may affect the entire concept of copyright.

Part III outlines the process of permissions editing, which can be a