2 quick copyright questions?

[24T42]

1. When you get permission to reprint an article, is it necessary to say that in your newsletter? Or, is it OK to omit the statement knowing that you have permission in hand?

2. Do the copyright laws apply to ads?

Thanks in advance.

[R W Burgess]

Judy, I would say yes to #1. Don't know about #2, but would assume the same thing.

Besides, why would you not want to give credit to the author or originator of an ad to show appreciation for his or her work. Just my opinion, of course! <img src="http://www.aaca.org/ubbthreads/images/graemlins/grin.gif" alt="" />

Wayne

[24T42]

Wayne,

I give credit to the origianl author. I was wondering about whether or not to state that you have gotten permission to reprint their article.

Judy

[Terry Bond]

Yes Judy, the annotation must be included. A copy of the authorization must also be kept on file. The standard phrase is "reprinted with permission of xxx (copyright holder).

Terry

[Terry Bond]

OOps, forgot to address the second part of your ?

Yes, ads are included as they often contain artwork that is the property of the originator or the company represented. The absence of a copyright symbol or statement should never be assumed to represent copyright free material. When in doubt, get permission.

Terry

[24T42]

Thanks Terry. That's what I thought on both counts. I must admit I have been slack somewhat on number 1. In the past, I have obtained permission, credited the author, but left off the permission statement. I guess I figured if called on it I could produce the permission so why take up print space.

I will change that policy with the next issue as I have an interesting article on the Chrysler Building, which was completed 75 years ago in May. The author has asked for a copy of the newsletter so I will be mailing to India this issue. I think that is the farest that <span style="font-style: italic">On The Road, Again!</span> has gone.

Thanks to all who provided input.

[R W Burgess]

Judy, You got your answers! One from an expert and the other from a hack, ME! <img src="http://www.aaca.org/ubbthreads/images/graemlins/grin.gif" alt="" />

Looking forward to your next issue. Wayne

[24T42]

Wayne,

Don't put yourself down. You gave me the same answer as Terry. The next issue won't go out until the end of June.

Judy

[West Peterson]

I just responded to a similar question in another thread (Question), giving my personal experience as a commercial magazine editor for 20 years...

Someone tell me to shut up (Terry) if I shouldn't be saying this, but I'd feel fairly confident that even if you wrote a credit line like, "Used WITHOUT permission from xxxxxx" (I've actually seen a publication do such a thing) that you wouldn't have any problems. Small club publications, in my experience, are practically imune to the copywrite laws only because your circulation is so small. Legally, you are not imune. I think that if you just write, "reprinted from xxx issue of xxxx", no commercial magazine would have a problem with what you've done. Do not make a habit of reprinting complete feature stories, though.

Now... if the AACA legal department is demanding that you get permission first, then that you must do.

[Terry Bond]

Gee-just had a similar discussion at the office today on a different topic-but the answer was the same, and based on the philosophy that "it's easier to gain forgiveness than it is to seek permission." Thats a tactic that is sometimes the default setting considering the amount of work needed to gain the permission and the potential risk in not doing so. For our editors, there is often another choice however and it involves taking the safe road. AACA official policy needs to be "Follow the law." Since the parent organization is equally liable.

Terry

[JanK]

Besides, you just never know when someone has had enough and decides to make an example of the latest infringer--and that could be you!

Jan K.