Print Buying Direct | Order Printing Online

Copyright Overview for Publishers of Newsletters – Part 2 – 11th November 2009

What Is Public Domain?
Material that is not copyrighted is referred to as public domain. Some material is in the public domain because copyrights have expired or were never secured. Works created by the Government do not carry copyright protection. You may, without permission, reproduce materials in the public domain. Most everything else is copyrighted.

How to Track Down Copyright Owners
Here are some items commonly reprinted in newsletters along with tips on how to track down the copyright owners.

Clip art. The publishers of clip art collections grant buyers a license to reprint the art, but these rights vary dramatically by collection. Some license specifies use only in free publications or those under a certain circulation. Read the rights carefully. As long as your use falls within your rights, you do not need to request reprint permission. Many clip art collections require that you list their copyright information in a specific way.

Cartoons.  If you wish to reprint a cartoon, write for permission. Most owners charge a fee. If your newsletter is a free publication, state this in your letter of request as it may lower or remove the fee. To reprint any cartoon found in a newspaper, look at the small print within the frame for the company who syndicates the strip. Once you have the name, use one of the online search engines to find the contact information. 

Poems & lyrics. Poems and lyrics are probably the most frequently infringed items. It’s hard to track down the author of unsigned poems. The rights on lyrics are held by the music publisher. Contact BMI for information on music publishers. 

News articles. To be on the safe side, you must get permission to quote even a brief sentence or two from a short article. You don’t need permission if you paraphrase the material. When clipping news articles, form the habit of noting the publication and date on the clipping. This way if you want to reprint, you know where it came from.

Letters & e-mail. If a message is addresses to the editor, there’s an implied permission to reprint it. However, all letters and e-mails are copyrighted. Most editors call the author for verbal approval. You also want to call to verify that the person sent the letter (that someone else didn’t use that person’s as a prank.)

Custom photographs & illustrations.  Write for permission to reprint or scan. Also, obtain a model release from any person appearing in the photographs. Though photographers own the copyrights to the photos they create, people appearing in the photos have legal rights to privacy and must also sign releases.

Stock photographs & illustrations.  “Stock” denotes that the work comes from a pre-made collection. When you buy from these collections you are usually buying one-time use. If the stock is from a CD collection, you are usually buying multiple uses. Check the fine print to make sure.

Many collections limit where you can reprint the work. From example, using an image on a T-shirt or poster is often prohibited but the same images can be used on newsletter pages.

Quotations. Quotations are covered under copyright protection. However, few, if any, publications write for permission to reprint.

Requesting reprint permission
To use copyrighted information in a way not covered by fair usage law, request written release from the owner. To determine who holds the copyright, look in the masthead (in a magazine or newsletter) or on the page after the title page in a book. Photographs will usually carry a stamp at the bottom or on the back.

Send a form along with a copy of your newsletter and a photocopy of the material you want to use. Most people will grant permission free of charge. In some instances, though, you may have to pay for it. Unless otherwise specified, the fee is for onetime use only.

If you see an article you’d like to use that’s written about a specific organisation, call the featured company directly. Chances are that the article came from one of their news release. Request a copy of the release. Contact the person listed on the release to get the rest of the story- more details or maybe a “story behind the story.” The result will be a piece far more interesting and significant than the original release.

Many organisations and companies will send you photographs, catalogues, drawings and other useful items, including complete press kits. This implication is that you are free to use them in your newsletter. However, few of those who send you that material also send you written permission. Be safe.

If you reprint a letter that wasn’t intended as a letter to the editor, you must obtain permission. The author of the letter owns the copyright. Cartoons and poems are often the most tempting to use without permission. Other people’s writing isn’t as tempting because you can always rewrite it and often want to anyway.

Asking for forgiveness rather than permission
Realistically speaking, many newsletter editors will quote a line of a song or reprint a cartoon from time to time without asking permission. If you do this you must realise that the deeper the pockets of your organisation and the larger the newsletter circulation, the greater the risk you take. A disgruntled employee may sue you for not getting a model release on a photograph. Or your newsletter may be placed into a press kit and sent to the author of the article you reprinted without permission.