Permissions Clearance and Costs: Fair Use and Fair Dealing Lynette Owen, Copyright Director, Pearson Education Ltd, United Kingdom

Permissions clearance (1) Why is it necessary? Essential if an author wishes to use external material in his work (e.g. quoted text, photos, illustrations, tables, graphs) Should provide acknowledgement to original author and source and may be charged for Fair use is a concept under US copyright law but it applies to usage such as private study, research and criticism and cannot be assumed to cover reuse in a commercial publication Fair dealing is a concept under UK copyright law and similarly precludes commercial use Some countries may have special exceptions in their legislation e.g. for educational use in China and the former communist countries of eastern Europe

Permissions clearance (2) Who will clear and who will pay? Could be the author, but preferably under guidance from the publisher on what rights need to be secured; also guidance on budgetary constraints. All clearance should be in writing, with final paperwork to be lodged with publisher May be undertaken by publisher’s own staff or freelancers employed by the publisher Author may be required to pay; alternatively, publisher may agree to cover cost completely or may set cost against author’s future royalties

Permissions clearance (3): What should applications include? Clear identification of material to be used and details of original source Full details of proposed reuse in new publication: name of author, title of book, format, language, print run, price, sales territory, print and/or electronic use Whether permission can be extended to onward licensees of applicant (e.g. if book in which material is quoted is to be translated under licence)

Permissions clearance (4): Potential problems Prohibitively high fees Objections by author/rightsholder to context of reuse Limitations on permissions granted, requiring reclearance for new printings, new editions, additional languages, electronic use etc Difficulty in locating current rightsholder