Term of Copyright

With respect to works created on or after January 1, 1978, copyright protection generally exists for a period consisting of the life of the author plus a term of fifty years after the death of the author. In the case of works of joint authorship, the fifty years is measured from the death of the last surviving author.

No application for copyright renewal need now be made for such works as was required under the old copyright law. However, if the work was created prior to January 1, 1978, and was subject to the Federal Copyright Law then in effect, copyright will automatically be renewed in the twenty-eighth year of the first copyright term and will continue for an additional period of forty-seven years. The law encourages but does not require the filing of renewal registration. If a work was already in its second term of copyright on or before December 31, 1977, copyright protection will continue for forty-seven years from the first day of the renewal term, i.e., 75 years from publication.

The present Copyright Law has, for the most part, replaced so called common-law copyright, that is, copyright for works which had not been published or had not been registered for copyright as unpublished. Such works created before January 1, 1978, are now generally protected by copyright law or the life of the author plus fifty years. However, even if the author has been dead for more than fifty years, protection will continue at least until December 31, 2002.

Public Domain

Obviously, works that are not subject to copyright protection (i.e., works in the "public domain") may be copied. The copyright on all works published in the United States before September, 1906, has expired. Also, works published or registered for copyright as unpublished before January 1, 1964, and for which copyright renewal was required but not obtained have gone into the public domain. It should be noted that "revisions" or "adaptations" of such works may still be subject to copyright protection, even if the original public domain source is not.

Government Publications

Generally speaking, United States government publications and official state publications are not subject to copyright protection. However, the mere inclusion of material in a government publication, even one without a copyright notice, does not necessarily mean that it is in the public domain. This is so because a government agency may have used copyrighted material without indicating its copyright status. In each case you should check very carefully to determine the status of any material you wish to quote. If any question exists about the copyright status of any material that is not original with you, you should always consult the original publisher and/or an attorney and discuss the matter with your editor.

Direct Quotations

The quotation does not have to be exact to require permission; even if the material is paraphrased or adapted, get permission to use it in that form.

Illustrations, Artwork and Tables. If these are subject to copyright protection (whether or not they have previously appeared in a publication), you must get permission to use them. This rule applies to all advertisements, whether written or pictorial, and to photographs of any kind, even though the subject of the photograph may itself be in the public domain. When you are obtaining glossy prints from art galleries, museums, historical societies, industrial firms, or commercial photographers, explain in writing how you intend to use the prints.

Also remember that if you want to use a photograph of a living person, you must get written permission to use it from that person, whether it is copyrighted or not. Even if it is a snapshot of a friend you took yourself, don't use it without your friend's written permission to do so. If the person is a minor, be sure to obtain written permission from the minor's parent or guardian. If you buy photographs from commercial photographers, explain in writing that you want to use them in a book (or in advertising) and make certain that they have a release from the subject broad enough to allow you to use the picture as intended and that no other release is needed. Get the photographer or stock photo house to give you that assurance in writing. Your editor can supply you with forms if necessary.

Photographs of public personalities may freely be used (insofar as the subject of the photo is concerned) in books or periodicals for their news or historical value. For example, if you take a picture of a presidential nominee, you may use it in your book on the presidency without asking the nominee's permission. (If someone else took the picture, you will need the photographer's permission.) But you must be very careful not to allow the picture to be used for any advertising or trade purpose or in any way that might be defamatory of the subject. To do so without the written permission of the subject would make you liable to damages for violating his or her right of privacy. Take care not to use any photograph to accompany text material that could suggest defamation of the subject of the photograph.

Permission Procedure

It is the traditional and contractual responsibility of the author to obtain the necessary permission to use any quoted material or photographs as described above that are incorporated in the manuscript. Carefully follow these instructions on permission procedure.

1. Request permissions well in advance of the completion of your manuscript. It is advisable to ask for permission for each quotation as soon as the decision to use it is made. You may find that you will have to write more than one letter before you can locate the copyright holder, or permission for some item may be refused, so that you will have to substitute other material. Electronic sources, both broadcast and Internet, still require permissions, as do screen shots of commercial software. In some cases permissions may be obtained via e-mail. Early clearance of permissions is critical so that publication of your book will not be held up.
   
2. With your copy of this Guide, your editor will send you:
   • a supply of forms to be used for requesting permission. Retain the second copy of each request form for your file. If you need more forms, your editor will be glad to supply them on request.
   • a sample showing how the forms are to be completed.
   • a Permissions Checklist. You will find this form helpful in keeping a record as you are acquiring permissions, and it will be useful to us as a reference list.
3. Address your letters to the attention of the Permissions Editor. (If you want to use material from a Prentice Hall book, please write us for permission just as you would to any
4. If the material you want to quote comes from a periodical, you should ascertain whether a separate copyright appears in the author's name; if so, the request should be made directly to the author. Also, if you want to use material that appears in an anthology, you must be sure to request permission from the publisher who holds the copyright on the individual selection rather than from the publisher of the anthology itself. Publishers' addresses may be found in reference books such as Literary Market Place and Books in Print.
5. If you want to adapt material from a work of another publisher, be sure to indicate on your permission request in what form you plan to reproduce the original. (In your manuscript you must insert ellipses to show where paragraphs, sentences, or words have been deleted from the original selection.)
6. Always put your return address on the form and enclose a self-addressed return
7. If you do not receive a reply to your request within two or three weeks, send a follow-up letter or fax.
8. It is common for major publishers to send you their own form for completion and signature rather than returning the request form you sent them. Simply supply whatever information is called for on their form, sign the form, and return it to the publisher. Keep a
9. If a publisher is able to grant U.S.-or U.S. and Canadian-rights only (sometimes Canadian and/or world rights are controlled by a foreign publisher), the publisher will advise you to whom you must write to obtain the additional rights. Simply send another request form to the foreign publisher covering the specific rights you want.
10. Do not overlook the necessity of obtaining "secondary permissions"-that is, separate permission to use quoted matter appearing within quoted matter.
11. If a publisher specifies a charge for granting permission to reproduce certain material, payment is normally due on publication. Prentice Hall will make any necessary payments in accordance with the terms of your contract and allocate such charges against your royalty account. Usually, a publisher requests a flat fee as payment for permission.
12. As you accumulate permission clearances, keep a running total of fees to be paid. If you find that permission fees are significant consult your editor.
13. When submitting your manuscript for publication, send us your completed file, including the copies of your permissions requests and your Permissions Checklist. If you have not yet received full clearance on some permissions requests, include documentation of the status of those permissions.

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