ABSTRACT

These rights cover the reproduction of passages of original copyright text, photographs, maps or illustrations from one source in another context, for example in another book, magazine or journal. They are normally handled on a passive basis in that they are not actively promoted but must be dealt with when requests come in. The right to grant permissions – to allow a licensee to quote material from a work – is normally included as a part of the rights granted to the original publisher of that work; the proportion of any fees passed on to the author is usually 50 per cent. Publishers may themselves control the rights in photographs or illustrations

if that material has been specially commissioned for a book rather than created by an author, photographer or illustrator who has a royalty contract with the publisher – the exact situation will depend on the arrangements with the photographer or illustrator. In many cases, however, the author (or the publisher on behalf of the author) has obtained permission to include photographs and illustrations from an external source such as a picture agency, art gallery or museum. An application for permission to reproduce such an illustration in another publication would then have to be referred back to the original source. It is, however, important to remember that a publisher may wish to sublicense the whole book in which such third party copyright material appears (for example for translation into another language), in which case it will be necessary to reclear permission for the reuse of any text or illustrations if the proposed sublicence is for publication in a form, language or market that was not included in the original permissions clearance.