10 Getting permission to use copyrighted content
When preparing a manuscript, it is essential to understand what content is protected by copyright and to obtain the necessary permissions for any material you wish to reuse. This guide outlines what is and isn’t protected by copyright, how to handle permissions, and best practices for using third-party content, including Creative Commons and open-source materials.
Understanding copyright protection
Copyright protects original works of creative expression that are fixed in a tangible medium. This includes literature, music, painting, photography, dance, and other creative works. To be eligible for copyright protection, a work must be:
- Original: Created independently and not copied.
- Creative: Involving some minimal degree of creativity.
- A work of authorship: Including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual, and architectural works.
- Fixed: Recorded in some tangible form, such as written on paper, saved on a computer, or recorded on audio/video.
Not protected by copyright:
- Facts and ideas
- Processes, methods, systems, and procedures
- Titles
- Works prepared by the United States Government
- Constitutions and laws of State governments
- Materials in the public domain
As an author, you are responsible for obtaining permissions and covering any associated fees for using copyrighted material. If obtaining permission is costly or difficult, consider using alternative material or creating your own.