Clearing Permissions for my manuscript What do I need to know and what do I do? Emily Hall Rights Manager

What do I need to clear permission for? Anything that hasn’t been created by you* If you have not created it, Permission is needed (even if permission is granted free) “According to the Berne Convention ( this is an international convention to decide on international publishing standards ) for the Protection of Literary and Artistic Works, literary and artistic works are [automatically] protected without any formalities in the countries party to that Convention”Berne Convention (World Intellectual Property Organization (2009) available at accessed 17 th June 2009)

Who should clear permission? If you are submitting a manuscript to Emerald, then you need to clear permission for anything that you have not created (with the exception of Fair Use – see slide 15) Ensure that you clear permission before submitting your manuscript When you have cleared permission with the copyright holder ensure that you include written or ed confirmation when you submit your manuscript.

How do I find out who owns the ©? 1) Look at the reference as this may give you the publisher name. Contact the publisher to clear permission 2) Search through Amazon – if it is from a particular book as this can give you the publisher name. Contact the publisher to clear permission 3) Google it – this should give you a reference at least from which you can work on 4) if it is a picture/table/illustration, think about where you got it from – if from the Internet – search for it again and try and find the copyright holder Please be aware that even if the author of the content gives permission, they may NOT be the copyright holder – you need to ensure that you clear permission with the copyright holder.

What information do you need to provide when clearing permission? Once you have found contact details, you will need to provide the © holders with the following information –Title of their publication –Title of their Article/Chapter –Page numbers (start and finish) –Whether you want to republish the whole article or figure/table/Illustration etc –Details of the figure/table/illustration (e.g. THEIR figure number) –Details of our publication including publishing date, price, print run, –What Rights you need – in Emerald’s case – non – Exclusive, Print and Electronic World Rights, Paperback (for Journals) Hardback (for Books), all languages. –The more information you can give the better

I have adapted some content – what do I need to do? If you have adapted content from another publication then you will then need to check with the copyright holder as to whether it is different enough to be classed as a new piece of work. There are no rules for this – it is purely down the copyright holder’s discretion, and will vary depending upon how the material has been adapted.

The material I am using is in the public domain – how do I clear rights? Out of Copyright Works After a certain length of time the work is classed as ‘public domain’ and therefore no-one holds the ©, so people are free to use them as they wish. For most of the Berne Countries ( this is minimum term of "life plus 50“ - strictly speaking, 50 years after the end of the year in which the author died. The EU, USA and several others (inclu Japan) have extended this to 70 years after death Therefore permission is NOT needed (however please ensure that your Editor is made aware of any content that is classed as Public Domain when submitting your manuscript and ensure it is still properly referenced)

Public Domain Works with no © attached to them Content available through Google Image Search – does not necessarily mean it is © free. Still need to get permission to republish it. If unsure – contact the copyright holder to check. (See Slide 4 on how to find the copyright holder)

I want to include a photo of a logo or similar – do I need to clear permission? In most cases - YES If in doubt – clear permission. If the copyright holder doesn’t mind, then they will sign the permissions form willingly (and will be grateful of the notification)

Examples of when to clear permission for images/logos/photos Photo taken by the me of a company logo e.g. Nike, Starbucks etc –Clear permission with the company (i.e. Nike or Starbucks) Photo taken by the me of a building –Ensure that you sign © to Emerald Photo taken by the me of a landscape –Ensure that you sign © to Emerald Photo taken taken by the me of a product e.g. a Nike Shoe, Ford car etc –Clear permission with Nike/Ford

Examples continued Photo take by someone else other than me of; –a company logo Clear permission with copyright holder (photographer/Company that commissioned the photos) and Nike/Starbucks –Of a product Clear permission with copyright holder (photographer/Company that commissioned the photos) –of a building Clear permission with copyright holder (photographer/Company that commissioned the photos) –of a landscape Clear permission with copyright holder (photographer/Company that commissioned the photos) Image taken from a website –Clear permission with the owner of the website Images taken from a ‘Press Kit’ –Unless they have a Creative Commons License, clear permission to be on the safe side. Photo taken by me of an image/video of website –Clear permission with the owner of the website

Examples continued A photo of a person taken by me –Depending on the context (e.g. if the manuscript portrays someone in an unsavoury light) while permission doesn’t need to be cleared from the person, it is courtesy to inform them, and show them the context A photo of a person taken by someone else –Clear with the copyright holder. Depending on the context (e.g. if the manuscript portrays someone in an unsavoury light) while permission doesn’t need to be cleared from the person, it is courtesy to inform them, and show them the context Table from another publication –Clear with the copyright holder (usually the publisher) If in doubt – clear permission If the publisher doesn’t hold the copyright to the table, they will be able to point you in the right direction.

What if I can’t clear the permission We can’t publish it! It is breach of © It is not enough to just simply reference a table/figure/excerpt/whole chapter (with the exception of Fair Use) In this instance, you may need to find an alternative as a replacement or remove it. (Keep this in mind when thinking about timescales for submitting manuscripts).

Fair Use There are SOME exceptions where you do NOT need to clear © Fair use - Where copyright is in force, it is legal to quote brief extracts (5%) from books/articles, for the purposes of review or criticism, provided that the source is acknowledged, and this provision is believed to extend to electronic as well as to print publication. E.g. a quote of a few lines. Fair use does NOT apply to figures/tables/illustrations

Summary If it is not created by you (and you have not assigned © to anyone else) – clear permission for it Include as much information as possible when submitting permission requests Ensure you receive written notification of Permissions cleared before submitting your manuscript Include written/ ed evidence that you have cleared permission when submitting your manuscript

Summary continued Tables/Illustrations/Figures does not come under Fair Use Fair Use = 5% of the total work – if unsure contact copyright holder. Click here to go to the Author’s Permissions Checklist Click here to go to the Emerald Permissions Form – you can use this as a template when requesting and clearing permission

More Information Copyright Information ion ion Referencing - m m Author Guides Writing for Emerald -

Emily Hall, Rights Manager Emerald Group Publishing