4. Permissions

Determining Whether Permission Is Required

1. 4.01 Introduction. It is the author’s responsibility to obtain permission for the use of material (text or illustrations) copyrighted by others. Because obtaining permission often takes several months and may delay the production of your book, we urge you to send out permission requests as early as possible, well before you submit your final manuscript. Keep records of all correspondence. If you are unable to contact the rights holder of a particular piece of copyrighted material for permission to reprint, consult with your editor’s assistant regarding the best course of action. All permissions should be submitted to the Press with the final manuscript.
2. 4.02 Journal Articles or Book Chapters. If any of your chapters have been previously published in journals, anthologies, or contributed volumes, you must seek permission to reprint the material unless it has been extensively revised for republication, or unless your contract explicitly grants you the right to republish the article or chapter in question. For example:
   • A revised piece that follows the same thread of an argument but is simply abridged for republication or expanded to reflect new research or ongoing developments requires permission.
   • Use of the most substantive, vital portions of a previously published piece, even if the sections are relatively short, requires permission.
   • Culling small amounts of material from a previously published work to advance a new line of thought does not require permission.
   • Use of material that could be considered peripheral to the published piece, and which does not constitute a major portion of the new piece, does not require permission.
3. 4.03 Prose Passages. Quotations from books, articles, journalism, or other works of prose currently in copyright that are not the work of the author require permission if what is quoted amounts to more than 10 percent of the whole.
4. 4.04 Poetry and Song Lyrics. Quotations from lines of poetry or song lyrics currently in copyright require permission unless what is quoted is only three to four lines and under 10 percent of the whole. Transcriptions from song recordings require permission if they exceed ten seconds of playing time.
5. 4.05 Unpublished Works. Permission is required from the rights holder for any amount of unpublished archival materials quoted, such as private correspondence (e.g., emails and letters) and manuscripts.
6. 4.06 Photographs. Photographs other than ones taken by the author require permission. Fair use does not apply to photographs of staged performances. Permission for material from websites follows the same guidelines as material from printed sources unless the content is explicitly designated as open access or public domain. If there is a credit line or copyright notice with the image the Press must be consulted and will determine if it requires permission.
7. 4.07 Artwork. Artwork, including paintings, drawings, art photography, and comics, requires permission. Artwork produced prior to 1924 is considered public domain, but the author must abide by any agreement signed to gain access to the work.
8. 4.08 Screen Captures. Screen captures of single frames from films, videos, video games, and online media, including websites and social media, may be considered fair use when reproduced without cropping. Consult your editor’s assistant to determine if permission is required.
9. 4.09 Ephemera. Advertisements, posters, interior pages of newspapers or magazines, book and magazine covers, album art, publicity film stills, and fliers will be considered fair use when reproduced in their entirety. No cropping can occur. If there is a credit line or copyright notice to a publicity film still, the Press must be consulted and will determine if it requires permission.
10. 4.10 Tables, Diagrams, Charts, and Graphs. Visual representations of data are considered fair use as long as there is not a strong artistic element to the works, which will be determined by the Press.
11. 4.11 Maps. Maps created for your book do not require additional permission. Maps from any other source may require permission or a credit line; the Press must be consulted and will determine if they require permission.

Digital Rights

1. 4.12 Ebook Usage. Make sure that reproduction rights grant digital (ebook) usages. Images, prose, and verse for which digital rights are not specified will be omitted from ebook versions of your work.

How to Request Permission

1. 4.13 Letter of Request. Email or send a permission request letter (see Appendix C for a sample letter) to each copyright holder, identifying the material for which you are requesting permission. Specify that you are seeking nonexclusive world rights in all languages and ask that your request be handled as quickly as possible.
2. 4.14 Grants of Permission. Electronic copies of all letters you receive granting permission, as well as letters returned by the post office as nondeliverable, must be sent to the Press with your final manuscript submission. In addition, maintain records of all emails and letters sent and phone calls made in the process of obtaining permission.
3. 4.15 Fees. Unless otherwise agreed upon, you are responsible for paying all permissions fees.
4. 4.16 Additional Resources. For more information regarding the use of copyrighted materials, as well as interpretations of fair use and information in the public domain, visit: http://www.press.uchicago.edu/Misc/Chicago/copy_and_perms.pdf.

Submitting Permissions to the Press

1. 4.17 Review Agreements. Review all permission agreements you receive; keep in mind that we need nonexclusive world rights in all languages in order to distribute your book outside the United States and to arrange for possible translations.
2. 4.18 Publication History Log. Your editor’s assistant will give you a publication history log to inventory your previous publication history. Instructions and examples on how to complete the log are located in the second sheet of the log (see tabs at bottom of spreadsheet). If you are unable to use a Microsoft Excel spreadsheet, contact your editor’s assistant to discuss alternatives. Provide a detailed list of all previously published chapters, including:
   • which chapters have been previously published and complete publication citations for these articles;
   • whether the material has been revised and, if so, exactly how it differs from the original work. This information is critical in determining whether permission needs to be sought;
   • whether you or the publisher controls the right to reprint. If you believe that you hold the rights, substantiate this with a copy of your contract for the previous publication. Material being copyrighted in your name is insufficient permission. Authors are often given the right to reprint their material in a second work written or edited by the author. This does not allow material to be reprinted in a collection edited by someone else without permission.