Can my publisher really do that? Common author questions and answers from industry pros

textbooksAt TAA’s 2019 Textbook & Academic Authoring Conference, industry insider Sean Wakely and royalty auditor Juli Saitz addressed some common questions authors have about what prerogatives publishers have in respect to publication decisions, calculating royalty payments, marketing, and rights, with hypothetical examples from their point of view.

Here are the questions and answers from that session, divided into five parts: [Read more…]

New year welcomes thousands of copyrighted works into the public domain

This year marks the first in two decades that a significant body of copyrighted work has lost its U.S. copyright protection and fallen into the public domain. Why is that…and what does it mean for scholars and educators?

Prior to 1978, the term of copyright protection for a work in the United States was measured from its date of first publication in the U.S. Under the first U.S. copyright act in 1790, U.S. works enjoyed an initial term of 14 years of protection, with an optional second term of another 14 years. [Read more…]

Member Alert Update: TAA joins coalition opposing ‘Controlled Digital Lending’

ebook in libraryTAA has joined nearly 40 national and international organizations in an appeal to librarians and readers to discontinue a practice called “Controlled Digital Lending (CDL)”, an initiative started by the Internet Archive that supports libraries in making unauthorized digital copies of print books to distribute to readers online.

The joint statement, released by the groups on February 13, calls CDL “a flagrant violation of copyright and authors’ rights”, and appeals “for a dialogue among writers, authors, publishers, and librarians on how to enable and create the digital libraries we all want, in ways that fully respect authors’ rights.” [Read more…]

Member Alert on Controlled Digital Lending (CDL)

Ebook in a libraryControlled Digital Lending (CDL) is an effort to provide broader access to works held in libraries by creating a digital copy and then lending it out on terms that are ostensibly analogous to the ways that physical copies of books are lent from the library. The practice was initiated last year by the Internet Archive (IA) through its Open Libraries project. CDL.org now appears to be incorporated as a separate entity from the Internet Archive, though IA continues to promote it. [Read more…]

Copyright basics: Another layer of rules for scholars

copyrightIn a recent TAA webinar, Stephen E. Gillen, a lawyer with more than 40 years of experience in and around the publishing business, and author of the book, Guide to Rights Clearance and Permissions in Scholarly, Educational, and Trade Publishing, shared critical information about copyright law, rights clearance, and permissions.

During the session, Gillen introduced an additional layer of rules for scholars, specifically focused on academic integrity. [Read more…]

Understanding Creative Commons licensing

Whether you are publishing open access articles, working on open textbooks, or simply securing images for use in your manuscripts, chances are you will encounter the Creative Commons licensing model at some point.

Creative Commons (CC) licensing is a set of copyright options that allow for the retention of rights without maintaining the “all rights reserved” approach to traditional copyright protections. There are six forms of CC licenses, each with varying restrictions, and all requiring attribution to the original creator: CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND. [Read more…]

9/17 TAA Webinar: ‘What You Need to Know About Rights Clearance and Permissions’

Guide to Rights Clearance & Permissions for scholarly, educational, and trade publishingStephen GillenYour contract provided by your publisher will probably put the burden of securing permission for the use of third party material solely on you. How much of this is negotiable? What are the possible compromises? And regardless of whether you end up doing it or the publisher does it, under what circumstances do you need permission and how do you best go about getting it? Get answers to these questions from Stephen E. Gillen, a lawyer with more than 40 years of experience in and around the publishing business, and author of Guide to Rights Clearance and Permissions in Scholarly, Educational, and Trade Publishing, during his TAA webinar, “What You Need to Know About Rights Clearance and Permissions,” on Monday, September 17 from 2-3 p.m. ET. Register today! Free and open to members and non-members. 

How to avoid the need to secure permission

Guide to Rights Clearance & Permissions in Scholarly, Educational, and Trade PublishingMaybe it was something you saw in a magazine or at a bookstore. Maybe it was something you saw online. Maybe it was something that caught your eye in a grant application or proposal…a good idea in poorly skilled hands seemingly not up to the task. In any event, wherever you first saw it, it inspired you to develop and publish your own article or book on the subject.

Anyone who has worked in an intellectual or creative endeavor knows that many new works build to one degree or another on the earlier work of others. But getting a head start by leveraging the intellectual work product of another is potentially problematic. When does inspiration cross over into infringement or a breach of scholarly integrity? The lawyer’s answer is: it depends. [Read more…]

4 Factors to determine fair use of a copyrighted work

copyrightIn his webinar, “Fair Use or Infringement in 2018, and Other Current Copyright Issues”, Ken Norwick, author of The Legal Guide for Writers, Artists, and Other Creative People reminded participants that the purpose of copyright is “to give creators an incentive to create”.

The U.S. Constitution states that the purpose of copyright is “to promote the progress of science and useful arts”, said Norwick. However, in order to progress, he said, there must be a level of fair use of the creations that came before. Four factors exist in determining whether a use is qualified as fair use and thus not an infringement on copyright, said Norwick. They are: [Read more…]

2/9 TAA Webinar: ‘Fair Use or Infringement in 2018, and Other Current Copyright Issues’

Kenneth Norwick The Legal Guide for Writers Artists and Other Creative PeopleWhen is your (unauthorized) use of copyrighted content “fair use” and when is it copyright infringement? Join us Friday, February 9 from 2-3 p.m. ET for the TAA webinar, “Fair Use or Infringement in 2018, and Other Current Copyright Issues”, presented by Kenneth Norwick, a lawyer and author of The Legal Guide for Writers, Artists and Other Creative People.

Norwick will discuss several important pending cases, including the case challenging the practice of public universities in Georgia of including without license excerpts from textbooks in student course-packs and the case in the District of Columbia asking whether privately-created standards and procedures that are incorporated into government regulations can be owned by the private creators or become “public domain” when they effectively become “law.” He will also discuss the arguments on both sides of these cases and the reasoning of the previous court decisions in them and offer some suggestions that authors can follow when deciding whether and how to use the copyrighted works of others. [Read more…]