Guide to Rights Clearance & Permissions in Scholarly, Educational, and Trade Publishing | Table of Contents

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Introduction

Chapter 1. Copyright Primer

First Things First: Parsing Copyright Protection
Examining Exceptions

Creative Commons and Open Educational Resources

Self-Published Works and Use of Your Own Work

University Licenses

Caution for Those Writing Scholarly Works

Chapter 2. The Fair Use Defense
More Fair Use Cases
Practical Pointers and Guidelines
Caution for Those Writing Scholarly Works

Chapter 3. Avoiding the Need for Permissions
The Potential Claims
Practical Pointers and Guidelines
Attribution, Authorship, and Scholarly Integrity

Chapter 4. Defamation Primer

What Do the Numbers Tell Us?
What Are the Elements of a Libel Claim?
Libel Tourism Hazards
The Right-to-Be-Forgotten Risks
Fiction/Faction Dangers
Protection Possibilities
Practical Guidelines

Chapter 5. Privacy Primer
Publication of Private Facts
Intrusion into Seclusion
False Light
Practical Pointers and Guidelines

Chapter 6. Right of Publicity
Practical Pointers and Guidelines

Chapter 7. Special Considerations for Endorsements and Testimonials
Reader Endorsements
Expert Endorsements
Bloggers
Reviewers
Disclosures and Disclaimers
Different Rules for the Inside and Outside

Chapter 8. Trademark Primer
Limitations on Use of Third-Party Marks
Using Trademarks Proactively
Registration
The Upside
Copyrights Distinguished
Single Works vs. Series
Why Go to the Trouble and Expense?
The Downside

Chapter 9. Special Considerations for Photographs
Categories of Use: Editorial vs. Commercial
Categories of Assets: Royalty-Free vs. Rights-Managed vs. Commissioned Work
Limitations on Use

Consequences

Chapter 10. Special Considerations for Music
Use of Song Lyrics in Text

Other Uses of Music
Practical Pointers and Guidelines

Chapter 11. Special Considerations for Art

Chapter 12. Finding the Copyright Owner
The Problem of Orphan Works
Practical Solutions: Building a Record of Diligence

Chapter 13. Contracts and the Allocation of Responsibility for Permissions Matters
Your Representations and Warranties
The Teeth: Indemnification and Defense Obligations

Chapter 14. Depiction Releases, Property Releases, Location Releases, and Permits
Depiction Releases
Property and Location Releases
Permits

Chapter 15. Insurance and Reserves for Managing Risk
Types of Insurance
The Application Process
Claims-Made vs. Occurrence-Based Policies
Cost
Acceptable Business Risk and Reserving for After-the-Fact Permissions

Chapter 16. Permissions, Record Keeping, and Due Diligence
Obtaining Permissions
Record Keeping
Minors
Abiding by Contract Terms
Permissions the Other Way
Good Reasons to Improve Your Permissions Program
Permissions Best Practices
How Do You Price the Grant?

Chapter 17. Dealing with the Cease and Desist Letter
What Do You Do Next??
Going It Alone
The Question Worth Asking
Don’t Rise to the Bait
Ignore Most of the Demands, Most of the Time, at Least Initially
Be Careful Out There

Resources

Templates
Request for Permission to Reprint Text
Request for Permission to Reprint Text (alternate form)
Request for Permission to Reprint Photograph
Photo Release (no fee)
Photo Release (fee)
Video Release (uncompensated)
Professional Model Release
Release for Use of Physical Location
Personal Property Release
Photography/Videography Permit Application
Interview Release
Depiction and Collaboration Agreement
Permissions Log

Glossary

Index