Workflow for subject librarians securing copyright permissions for digitization projects

See attached flowchart

See this page as a Word document

1)     Create a project manifest page (spreadsheet) to track your progress.  A project manifest documents your good faith effort to secure permission to digitize items from the current copyright holder. The manifest shows your due diligence to track down permissions.  Each item has a row in the manifest and the tracking columns should include these basics (though you may have reason to need others):

• Call Number (if from OSUL collection)
• Author/Photographer etc.
• Title
• Publication Date
• Copyright Information
• Reason for/against Digitization
• Contact Information
• Date Contacted
• Permission Received?

Sample Manifest document

2)     Is the item in the public domain?

For information on determining whether an item is in the public domain

http://copyright.cornell.edu/resources/docs/copyrightterm.pdf

If yes, proceed to digitize

3)     If not in the public domain and digitization is a priority, seek permission from copyright holder (usually the publisher, the author(s) or his/her estate).

4)     Identify the author or publisher

5)     Seek contact information. Ideas for getting contact information...

• Check the item for information
• Look at publishers websites for permissions forms/information
• Ulrich'sfor journal publisher information  if no website
• Books in Print for book publisher
• SHERPA/RoMEO [http://www.sherpa.ac.uk] for author rights to self-archive

6)     Draft letter, email, phone script you will use for requesting permission from copyright holder.  Include a couple of sentences on why it is important to digitize the items (the goal of the project).

Guidelines for drafting letters, emails, and phone scripts

7)     Track responses to all queries.

a)     Publisher options

• says they are not the copyright holder (start over with new information)
• says no (is author self-archiving a possibility?)
• says yes
• says yes, but asks for fee ( do you have funding to pay copyright permissions fees? )
• no reply

b)     Author options

• says no (is author self-archiving in local IR a possibility?)
• says yes
• no reply

8)     Copyright holder gives permission

Get a signed copy of a permission document.  Sample permission document

a.     Yes. Proceed to digitize

b.     No.

•  If this item is merely representative of a group, consider finding a substitute in the public domain or where permission is available. (Archives approach).
•  If not, consider trying again and/or advocating  for author to self-archive in an IR and use the link)
•  Otherwise, stop, process over.  Do not digitize.

c.      No reply.

•  You have made a well documented,  good faith effort to secure permission and the purpose of digitizing is solely  for educational use then  on in some cases digitization might proceed (the Special Collections approach)

•  The decision to proceed without express permission needs to be made in advance and in consultation with others and anticipating the need to take the item down if requested.

• Otherwise, stop, process is over.