Frequently Asked Questions about

Permissions to Reprint*

What material is copyrighted and who can grant permissions to reprint?

Under the U.S. Copyright Act of 1976, an original work is protected from the moment it is created, usually for the life of the author plus 50 years – unless the rights are explicitly waived. This is true whether or not the work has been registered officially with the U.S. Copyright Office.

Normally the author owns the copyright, including control of any permissions to reprint, unless the work is produced under an employment agreement ("work for hire") or the copyright is sold or licensed to another party. In some cases – e.g., when a work is published by, or on behalf of, a government agency – the material becomes part of the "public domain" and no permission to reprint is required.

Do I need permission to use copyrighted material in a term paper, dissertation, or other unpublished writing?

No. Nevertheless, you should give proper credit – e.g., a bibliographical citation – for any borrowed material. Copying or even paraphrasing another author's work without credit may be considered plagiarism.

Do I need permission to quote copyrighted material in a published book or article?

It depends. Generally speaking, it's OK to quote brief passages for purposes of scholarship, criticism, comment, news reporting, or teaching. Those exceptions are described as "fair use" under U.S. copyright law. No permission to reprint is required. On the other hand, borrowing substantial portions of a work, especially for commercial purposes, does require permission. Otherwise, it may be considered a copyright infringement and a cause for litigation, especially if economic harm can be proved.

Do I need permission to reprint multiple copies of copyrighted material for classroom use?

Yes. Under a 1991 federal court decision, Basic Books, Inc., v. Kinko's, the "fair use" exemption no longer covers the photocopying of course materials without permission from copyright holders.

Do I need permission to reproduce copyrighted material on the Internet – e.g., via email, Usenet or listserv discussions, or a Web site?

Maybe. Electronic media have created some gray areas in copyright law. The "fair use" exemption often applies when a work is quoted for noncommercial purposes of comment, criticism, education, etc., and when credit is given. On the other hand, you could be sued if the copyright holder alleges financial losses as a result of unauthorized use. When in doubt, requesting permission is the safest course.

Do I need permission to link my Web site to another?

No. There's a doctrine of "implied public access" on the World Wide Web that allows you to link to other sites and, in turn, gives others the right to link to yours. (Indeed, most webmasters are grateful for the free advertising.) At the same time, however, "netiquette" recommends that you notify the sites to which you have linked and that you remove such links if requested to do so.

Which pages of the Language Policy Web Site require permissions to reprint and which do not?

This information can be found in the copyright notice at the top or bottom of each page.

To inquire about permission to reprint any of the material on this Web site, please email me at jwcrawford@compuserve.com.