It is your responsibility to obtain permission to use copyrighted material, such as artwork (including figures and tables not of your own making), prose, poetry, lyrics, music, diaries, letters, and maps. Given the complexities of copyright law, we are limited here to mentioning just some of the most common issues you’re likely to confront.
As of this writing (2019), any work published after 1923 should be presumed to be in copyright. Anything published prior to 1923 is in the public domain and can be used freely (with proper attribution). As of 1978, copyright remains in effect for the length of the author’s life, plus 75 years. In most instances, you can assume that material copyrighted in countries outside of the United States will fall under the same rules as material copyrighted within the United States.
This online resource is a helpful resource for determining when works pass into the public domain.
A great resource for more detailed information on copyright and fair use issues is the website maintained by the Stanford University libraries at http://fairuse.stanford.edu/.
Whenever possible, we encourage authors incorporating copyrighted material into their own work to keep within the bounds of fair use (giving proper acknowledgment to the source). The fair use doctrine of the copyright code permits limited reproduction of copyrighted material for noncommercial purposes, including such uses as “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.”
The copyright code (§ 107) establishes four factors to be used in determining whether a particular case qualifies as fair use:
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
When seeking permission for published work, it’s usually safest to start with the publisher. When in doubt, you can try searching the Library of Congress online database of copyright records (only for works published since 1978): www.copyright.gov.
For fine art and photographs, it’s generally best to start with the museum that owns the artwork or with the artist’s estate. Stock photographs are generally the property of their respective image bank.
For personal photographs, you’ll need permission from the photographer. If individuals appear in the photograph who are not public figures, you will need their permission as well.
For unpublished letters and diaries (and similar material), you will need permission from the author or the author’s estate. Please note that unpublished work is assumed to merit more stringent copyright protection than published work.
If you are reprinting an essay of your own that has been previously published in a periodical (including academic journals), either in its current form or in an earlier version, you must obtain written permission from the publisher (most publishers will grant this material free of charge and without hesitation). If you retained copyright to the work, we ask for some verification of this, either a note from the publisher or a copy of your original agreement. Be aware that even if you did retain copyright, the periodical may request acknowledgment in the credit line.
We ask that you always make your permission request using our standard Permission Request Form (PDF). If the copyright-holding entity insists on using its own form, you’ll need to make sure they’ve granted you all the rights you’ll need for your book. In most cases, that means “nonexclusive world rights in all languages and for all future editions, including electronic editions.” If the copyright holder you’ve approached doesn’t hold all the rights you need, you may need to approach a second copyright holder. For instance, a publisher might be able to grant only North American rights, because another publisher holds the rights to the material for the rest of the territories of the world.
Please note: as we are committed to all formats of publishing, including digital, it is especially important to secure digital rights along with print. Please pay particular attention to this as you are requesting permissions.
Pay close attention to the language specified in your permissions agreements regarding credit to use the copyrighted material and use this exact language in your acknowledgments, notes, and/or captions. Check this language for accuracy when you receive your copyedited manuscript.
Editors of volumes by various contributors must collect and submit Contributor’s Agreements (PDF) signed by each contributor to the volume. This form verifies that the author is the sole copyright owner of his/her original contribution and transfers copyright to the Press; if the work has been previously published, we must have written permission from the publisher to reprint.