The Permissions Group

Copyright Tip of the Month

The permissions process can be complex. But a few simple steps can help make it run more smoothly and cost effectively.

My neighbor is editing an anthology for college composition courses. I told her that she can use an article I wrote for our city’s newspaper. When her publisher’s permissions researcher wrote for permission to the newspaper, they charged a fee for reprinting the article in her book. I don’t think she should have to pay for it – after all, I wrote the article – and, besides, the researcher should have just come to me. I had already given my neighbor my permission and for free.

While your concern for your neighbor and the permissions budget for her anthology is laudable, you have forgotten to mention one very important piece of information: who owns the rights to the article?

You may have created and written the article, but you may not be the copyright holder or the party controlling the granting rights for the piece. If your article was written by you as part of your employment with the newspaper, your article may very well be a work for hire. If the newspaper commissioned you to write the article, your article also may be a work for hire. If you are not an employee of the paper, check your contractual agreement for the work. All commissioned works must be in writing, and it should be clear if the work is made for hire.

If the piece is a work for hire, then the paper can state the terms of the permission, including any fee required. If the paper does not have the rights, the paper should have referred the permissions researcher to you as copyright holder.

 

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