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Frequently Asked Questions

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  • What is copyright?

  • What is fair use?

  • What is public domain?

  • What is NOT protected by copyright and does not require permission?

  • When would the "Instructional request form" be used?

  • When would the "standard request form" be used?

  • How is permission obtained to use material acknowledged to another source?

  • Is permission required for the mere adaptation of material?

  • Must permission also be obtained from the author(s) of the material?

  • What will the fee be?

  • Who is responsible for any fees assessed?

  • To what institution are wire transfers made?

  • Can the payment be made by credit card?

  • What does "term" mean?

  • How long will it take to obtain permission?

  • Can licenses be sent by e-mail?

  • How can a request which has been submitted be modified or cancelled?

     

    What is Copyright?

    Copyright is an intellectual property right that provides its owner with the exclusive right to reproduce, distribute, perform, and display an original work of authorship, and to prepare derivative works based on the original work. Copyright protection begins from the moment that an "original work of authorship is fixed in any tangible medium of expression" and, in the U.S., generally lasts until seventy years after its creator dies.

    Copyrightable works are broken up into the following categories by the U.S. Copyright Office:

    literary works
    musical works, including any accompanying words
    dramatic works, including any accompanying music
    pantomimes and choreographic works
    pictorial, graphic, and sculptural works
    motion pictures and other audiovisual works
    sound recordings
    architectural works

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    What is fair use?

    "Fair use" is a concept in copyright law that allows the reproduction of a small amount of copyrighted work without the owner’s permission. Since this term’s meaning can be obscure and penalties for infringement can be severe, we suggest you contact us for determination.

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    What is public domain?

    The term "public domain" means that a work has no copyright protection, and thus no permission is necessary to reproduce it. See examples below.

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    What is NOT protected by copyright or does not require permission?

    Works that have not been fixed in a tangible form of expression

    Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listings of ingredients or contents

    Ideas, facts, formulae, processes, procedures, or concepts.

    Material that is in the "public domain" is not protected by copyright. This includes material from the U.S. Government, and material from a work whose term of copyright has expired, or whose copyright owners have intentionally released the materials into the public domain.

    Most publishers agree that less than 300 words from a book-length work (excluding books with very little text like children’s books) or less than 150 words from a magazine or journal article used in context is "fair use" and permission is not required.

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    When would the "Instructional request form" be used?

    This form may be used if the request is for the use of our material in student course packets, copying an out of print work in its entirety, reproducing material onto transparencies for personal use, distributing our material as a handout, reproducing material onto an instructional website, and for reproduction of our material in any other way that is not intended for publication.

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    When would the "standard request form" be used?

    This form can be used for requests to dramatize a work, publish selections in a magazine or book, publish a musical setting, broadcast onto television or radio, reproduce onto the world wide web, and for a variety of other uses

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    How is permission obtained to use material acknowledged to another source?

     

    Many times, material in our publications is acknowledged to a third party. This means that we obtained permission from a third party to include their material in our work. If your request is for the use of this material, then you will need to apply directly to the acknowledged source(s).

    These sources are often at the following locations:

    If the permissioned material is a figure, table or illustration, the source will usually be listed at the figure description and/or in the acknowledgement section at the back of the book.

    If the material in question is a selection (poem, chapter, essay, etc.), the acknowledged source will be listed either at the beginning or end of the selection and/or on the copyright page or in the acknowledgements section.

    Keep in mind, the acknowledgements section will usually give a more detailed description of the original source, even if the source is also cited where the permissioned material appears.

     

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    Is permission required for the mere adaptation of material?

    Permission should be obtained from the copyright owner to modify the underlying work. Samples of the adaptation should accompany the request for permission.

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    Must permission also be obtained from the author(s) of the material?

    In most cases, permission is not needed from the author(s); however, many of our journals do require that the requestor obtain the author’s permission as a condition of our grant. Our permission license will so state if the author’s permission needs to be obtained.

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    What will the fee be?

    In most cases, a fee will be assessed. This fee is determined by a number of variables, including the amount of material requested, the total number of copies of your work that will be produced, the market of distribution and the term of the license. Because a fee cannot be determined until all of the requested information on the request form is received, we are unable to discuss any fee assessments prior to processing your written request.

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    Who is responsible for any fees assessed?

    The responsibility for paying any fee is left up to the determination of the requestor and/or publisher. Usually, if a work is intended for publication, permissions issues are reviewed in the contractual agreements between the author/editor and the publisher.

    Any fees assessed for instructional handouts are due within 30 days of the date on the agreement. Any other request fees are due within 120 days of the date on the agreement. The address to which payment must be sent is included on the agreement you will receive when permission is granted.

     

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    To what institution are wire transfers made?

    Bank of America
    231 S. LaSalle Street
    Chicago, IL 60697
    Account NAME: Harcourt Brace
    Account Number: 8188801211
    ABA Routing Number: 071000039
    SWIFT CODE: BOFAUS44

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    Can the payment be made by credit card?

    We accept payment by Visa, Master Card, American Express, Discover and Diner’s Club.

    In order to make the payment by credit card, a copy of the agreement will need to be returned with the appropriate credit card information completed.

     

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    What does "term" mean?

    One of the things we ask for in our standard request form is that you provide the estimated term (from 1 to 13 years) of license you desire. The term begins at the scheduled publication date of your work. The license is current until the term of license expires or the estimated number of copies is produced, whichever comes first. In this case, term refers to the period of time in which you would like to continue printing and publishing the book, not how long the book will be available for sale on the shelf.

    In the event that you would like to extend the term or produce more copies of your work which contains our material, it will be necessary to reapply for permission.

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    How long will it take to obtain permission?

    Because of the high volume of requests received on a daily basis, permissions are granted on a "first come, first served" basis and are usually processed within ten business days of their receipt. If you request that your permission be rushed, we will respond to your request within one to two business days of their receipt for an additional rush fee. "Rush" processing of requests for material from journals will be an additional $25, and material from books will be an additional $50, added to the regular permission fee.

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    Can licenses be sent by e-mail?

    At this time, we are not sending licenses by e-mail.

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    How can a request which has been submitted be modified or cancelled?

    Once a request has been submitted and you would like to make a modification, cancel, or simply inquire about your request, you may send an email to permissions@harcourt.com. Please include your confirmation number which appears on the confirmation page you received upon submittal of your request. Please also include the original Requestor's name and the title of our work.

     

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    Related links

    Association of American Publishers, Inc.  

    Copyright Clearance Center  

    United States Copyright Office, Library of Congress

    World Intellectual Property Organization

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