Copyrights and Permissions

This Advertising Terms and Contidions (“Policy”) is an agreement between Atmostfear Entertainment S.A.S. (“us”, “we”, “our” or “ours”) and you (“User”, “you”, “your” or “Data Subject”).

These terms set forth the general guidelines of your use of our Sites (collectively “Network”) and any of its Products, Subscriptions or Services (collectively “Services”), including all information, and tools available to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The author bears the responsibility for checking whether material submitted is subject to copyright or ownership rights, for instance; figures, tables, photographs, illustrations, trade literature and data.

The author will need to obtain permission to reproduce any such items and include these permissions with their final submission. Where use is so restricted, the Editor or editorial office and Publisher must be informed with the final submission of the material.

Authors are responsible for obtaining, and, if necessary, paying for permission from copyright holders for reproducing (through any medium of communication) those illustrations, tables, figures or quotations previously published elsewhere in their articles.

While we are not able to give you legal advice (you should always seek your independent legal advice if you require it), we have collected information to provide more guidance around copyright and permissions requirements, and we hope that you find this information helpful.

Please note that we do not take any responsibility for the content found on websites which we have provided links to. The information provided here is about copyright; please also note that other legal issues may arise from how you use the material in your manuscript. These other topics might include but are not limited to, libel and privacy.

You will likely need to seek permission to reproduce third party material unless you are using items that are:

– not subject to copyright (for instance; where the term of copyright has expired).
– covered by a copyright exception (please see our requirements in respect of the use of the material under copyright exceptions under the Copyright Exceptions section).
– or obtained from places that set out their terms and conditions for re-use without requiring you to apply to them for permission (for instance; a valid Creative Commons license, the United Kingdom’s Government’s “Open Government License” or website terms and conditions).

Permissions clearance is notoriously time consuming and can also be expensive.

Where permission is sought, it can be tough to negotiate the range of rights that we require (please see our required rights table in the “Obtaining Rights and Permissions” section) in order to make publication of your work viable (rights holders often place restrictions on print runs or term of publication that merely do not work for modern academic publishing).

Given the above, please do not make any firm commitments in respect of accepting permissions licenses or making payments without checking first that the license sufficiently covers our intended use of the material.

Please add any necessary acknowledgements to the typescript, preferably in the form of an Acknowledgments section at the end of the paper.

Credit the source and copyright of photographs, figures, illustrations etcetera, in the accompanying captions.

We strongly recommend that you avoid using copyright material reproduced from third parties wherever possible unless the items are out of copyright or you can do so under an applicable copyright exception.

Identifying the rights holder for a piece of work you wish to re-use can be difficult.

In general, you should start with the original publisher of the paper. Do bear in mind that multiple publishers may need to be approached to put together all the rights you need (for example one publisher may hold United States of America rights and another United Kingdom and Commonwealth etcetera).

Some rights holders are represented by collecting societies, and these can also be useful places to start when seeking permissions clearance, for example:

– The Copyright Clearance Center
– The Design and Artists Copyright Society
– The Artist’s Right’s Society

When applying for permission, please use our Permissions Request Letter.

This letter requests all of the rights that we require in order to include third-party copyright content in your article.

Please do use our template letter rather than your own alternative to ensure that all of the relevant rights are requested.

When you receive permission from the rights holder, ensure that the grantor has granted you all of the rights requested. The following checklist details the minimum, acceptable terms of use for third party material contained within your work.

We advise that you use our Permissions Tracker to record third party material used and licences received. We ask that you submit all letters of request and letters granting permission, along with a completed Permissions Checklist or Tracker with your final manuscript submission.

Where the material is being used under a Creative Commons license, we cannot accept versions with the NC (re-use restricted to non-commercial purposes) or Share-Alike (re-use must be on same terms as granted) suffixes, and you must ensure derivatives are permitted if the content is being adapted.

As an author, you retain many rights, and in the following cases, you will not need to obtain specific permission, although you should provide the usual acknowledgements regarding copyright and give a full bibliographic reference.

You have the right to:

– re-use figures, illustrations and tables from the Contribution in other work prepared by yourself;
– make copies (without charge) of the Contribution for personal use, including classroom teaching use (but not for inclusion in course pack material for onward sale by libraries and institutions);
– make and distribute copies of the contribution to colleagues, for the personal use by such colleagues (but not commercially or systematically, e.g. via an e-mail list or list serve);
– present the contribution at a meeting or conference and to distribute copies to the delegates attending the meeting;
– patent and trademark rights and rights to any process or procedure described in the contribution;
– use the contribution or any part thereof in a printed compilation of works of the author, such as collected writings or lecture notes (subsequent to publication of the contribution in the medium);
– prepare other derivative works, to extend the contribution into book-length form, or to otherwise re-use portions or excerpts in other works authored by you (subsequent to publication of the contribution in the medium);
– for the author’s employer, if the article is a “work for hire,” made within the scope of the author’s employment, the right to use all or part of the contribution for other intra-company use (e.g. training).
– Please note that the above use of the term “contribution” refers to the author’s own version, not the final version as published in the medium.
– If you wish to use your article in any other manner, please reach us by using our contact form online for advice and licensing.

Please note that there may be a fee attached to re-use of the material in a product which is not authored or edited by the article author.

Permission grantors usually detail the exact wording to be used (and often its placement as well). You should follow their instructions precisely.

Include this information in your Permissions Tracker and send the completed version to your editorial contact with your final manuscript.

Please note that we require that items being used under copyright exceptions be accompanied by a full acknowledgement to the original source.

When a paper is accepted for publication in our medium, authors are encouraged to deposit their accepted manuscripts in their institutional and/or funder repositories for public release twelve months after first publication. Manuscripts may be deposited upon acceptance, providing that they not be made publicly available until after the embargo period.

The author’s accepted manuscript (sometimes referred to as the “post-print”) is defined as the version accepted for publication after peer review, but prior to copyediting and typesetting.

An acknowledgement in the following form should be included, together with a link to the definitive version on our website: “This is a post-peer-review, pre-copyedit version of an article published in [insert medium title XXX here]. The definitive publisher-authenticated version [insert complete citation information here, including DOI] is available online at: [insert URL here]”]

Please contact us using our contact form online if you require assistance with the correct online citation details.

If you wish to reproduce material that you have previously published, unless you have specifically retained the right to do so in any publication agreement that you signed at the time, it is highly likely that you will need to obtain the consent of the work’s original publisher to reproduce their work elsewhere.

The terms and conditions that publishers apply to such re-use vary considerably. We are only able to include an author’s previously published work if the terms and conditions of re-use are in line with the Required Rights.

Any limitations or restrictions imposed by an original publisher of the content may affect our ability to sell the whole work. For this reason, we ask that you clarify with any previous publishers under what conditions any previously published material can be used and that this is discussed with your editorial contact at the earliest possible stage in the process.

This, if the original publisher is reluctant to grant the necessary rights, options might include substantially re-writing the content or in the worst case having to drop it altogether.

If you do clear the Required Rights, we will need you to supply a copy of the original publisher’s grant of permission that we can attach to your author contract or contributor agreement.

Please note that some publishers, particularly of journals, have “retained rights” policies that set out what authors can do with work that they have published with them without a formal permissions request needing to be made.

In such cases, again provided that the Required Rights are granted, you can provide a copy of the relevant retained rights notice (in lieu of a formal permissions grant).

Most copyright laws contain some exceptions that permit certain types of limited re-use of copyright material without the need to solicit permission of the rights holder.

In the United States of America, the copyright exception is known as the doctrine of “Fair Use,” and it is codified in section 107 of the Copyright Law of the United States of America.

In the United Kingdom, copyright exceptions are sometimes referred to as “fair dealing” as some exceptions only apply to the extent that the amount being taken is “fair.”

The exception most likely to be used in the context of an academic publication is the copyright exception available for the purposes of Criticism and Review (to which fair dealing applies).

Our requirement is that authors of Atmostfear Entertainment publications may only include items in their manuscript under a copyright exception (regardless of the place of publication) if:

– The item has been previously published
– It has been properly acknowledged
– It is used within the context of criticism and review (not simply illustrative)
– Use of the third party material is restricted to the minimum amount necessary to demonstrate the point being made and does not take the “heart of” or “essence” of the original creator’s work
– The author is satisfied that the use is “fair” (see British Academy Guidelines and information from Stanford University site below, fairness should be judged in accordance with the United Kingdom and United States of America standards).
– The use does not infringe the original creator’s moral rights.

For more information about Copyright Exceptions, please see the following resources:

United Kingdom:

– Intellectual Property Office
– Joint Guidelines on Copyright and Academic Research — Guidelines for researchers and publishers in the Humanities and Social Sciences (section 14.1-5 and 14.7)

United States of America:

– The United States of America Copyright Office’s Factsheet on Fair Use
– Stanford University Copyright and Fair Use

There are many misconceptions about what constitutes “The Public Domain.

Essentially the only items that fall in the Public Domain are those for which copyright has expired.

Works created by the United States of America Government may also be considered public domain. However, some works owned by the United States of America Government are still subject to copyright and either way, the United States of America Government requires specific forms of acknowledgement when using its work — see Government Content section below.

Some content may have gone into the Public Domain in the United States of America because of a failure to register it; however such works are very likely to have protection outside of the United States of America, and use of them in your manuscript without relevant permission would therefore still be problematic.

Just because something is available freely either in the physical or digital space, it does not mean it is “Public Domain” or not subject to copyright.

Many copyright holders choose to license their copyright free of charge, subject to specific terms and conditions.

If you wish to use in-copyright material which has been made “publicly available,” regardless of whether it has been made available free of charge, you should always seek the rights-holder’s permission to re-use it.

Often rights-holders will list re-use terms and conditions on their websites or in other communications they make available (this would include creative commons licenses), so it is always worth checking these prior to making a formal application, as such terms and conditions will constitute their permission.

Always take a print-out and screenshot of such terms and conditions, date them, and keep them in your files as a permanent record of the terms under which you used the material.

Do be certain that the license or terms and conditions you are relying on come from the rights-holder, or someone authorised to act on their behalf.

There are many examples on the internet, especially on wikis, of people uploading copyright infringing items; and then applying free re-use licenses that they are not entitled to grant.

For more information about the Public Domain, please see the following resources;

– Public Domain Sherpa
– Stanford University Copyright and Fair Use Overview

These are United States of America websites, but many of the myths they dispel are equally applicable globally.

Copyright applies to Works of Art including; photographs, paintings, illustrations, maps, sculptures, pieces of artistic craftsmanship and architecture, amongst others.

Do be aware that the copyright holder of an artwork image may be a person other than the artwork’s creator, so even if the underlying work is out of copyright, the image of the work, that we will need to use to reproduce in the article is likely to be in copyright.

You can produce your image of the out of copyright work if you have access to the original and would not be in breach of any terms and conditions that apply to those gaining access to the work (owners of the physical work, e.g. museums, galleries, archives etc. may limit access to it or apply terms and conditions that prevent others from making reproductions at their premises since they will want to license use of their own images of the work).

Care should be taken to ensure image rights are secured from the appropriate source.

Many artworks are available on wikis, where people have made illegal uploads and then applied a creative commons or another license.

You should have a good faith belief that the person who has uploaded the image is the rights holder or is authorised to act on behalf of the rights holder before using an image on such terms.

Take care when using photographic images containing other copyright works or people.

If other copyright works are not incidental to the image, then permission to re-use those underlying copyrights may be required (see the hyperlink to iStock wiki below).

Where people are featured, you need to ensure that an individual’s privacy or publicity rights are not being infringed.

You will likely need to secure model release for those featured in the image (see WIPO advice below).

For more information about Copyright in Artistic Works, please see the following resources:

United Kingdom

– Intellectual Property Office
– Designers and Artists Copyright Society

United States of America

– The United States of America Copyright Office’s Document “Copyright Registration for Works of the Visual Arts”
– Artist’s Rights Society

General

WIPO gives the following helpful information in respect of photography.

iStock provides a technical wiki where people have uploaded copyright information they have identified in respect of particular artworks; it is especially helpful for identifying information about sculpture and architectural works.

Generally, it is the selection and arrangement of databases that are protected by copyright; the contents of a database may also attract protection if such content is sufficiently substantial.

In addition, the contents of a database may be protected by database right. The fair dealing exception for criticism and review that applies to copyright is not applicable to database right, so if you want to re-use something protected by database right you will need to seek permission to do so from the rights holder.

Please be aware that significant proprietary databases sold under license are likely to be protected by database right and will be accompanied by strict licensing terms which govern re-use.

If you are using data from such databases, please check the licensing terms which may apply in each case.

For more information about Data and Database Right, please see the following resources:

– Intellectual Property Office
– Joint Guidelines on Copyright and Academic Research — Guidelines for researchers and publishers in the Humanities and Social Sciences

Copyright exists in both the words spoken (copyright belongs to the speaker) and any recording of them (copyright belongs to the person recording or transcribing), and in the United Kingdom, moral rights for both parties will also subsist.

Appropriate permissions should, therefore, be sought to reproduce any interviews or speech in the same way as you would obtain permission to use literary or artistic works.

When conducting interviews, it is wise to ensure that participants understand the reason that the interview is being conducted and what the outcomes of such research might be (e.g. publication) in order that they can give their informed consent (written or verbal) to the interview.

In order to include material from interviews you have conducted in your manuscript, you should satisfy yourself that the person being interviewed was capable of giving their informed consent (e.g. not minors, mentally incapacitated etc.) and that you have respected any obligations entered into as a result of the interviewee’s participation, e.g. anonymity, “off the record” comments etc.

We will require your confirmation that any interviews you have conducted that feature in your manuscript comply with the above requirements. We can supply an Interview Agreement document for you to use with Interviewees if needed.

For more information about Copyright in Speech and Interviews, please see the following resource:

– The Oral History Society

Content produced by National Governments will be subject to the national copyright law of that country.

In the United Kingdom, material produced by Government ministers and employees of the Crown (civil servants) in the course of their duties falls under Crown Copyright (note well that this does not extend to Local Government).

Most items protected by Crown Copyright can be reproduced under the Open Government License operated by the Office for Public Sector Information (see below).

Works created by the United States of America Government are not protected by copyright. However, there are specific requirements in respect to how the United States of America Government content is acknowledged The United States of America Copyright Office Copyright Basics Circular gives examples (see below).

Do note that some works owned by the United States of America Government are still subject to copyright; the Public Domain Sherpa Website provides some useful pointers on this (see below).

For more information about Government Copyright, please see the following resources:

United Kingdom

– Joint Guidelines on Copyright and Academic Research — Guidelines for researchers and publishers in the Humanities and Social Sciences (section 9):
– The Open Government License

United States of America

– The United States of America Copyright Office’s Copyright Basics
– Public Domain Sherpa

For information about licensing, reuse, and archiving of papers published Open Access through our Network, please see our Open Policies.

Unpublished works often have different periods of copyright protection than published works, and this will vary by jurisdiction (see below for more info).

Unpublished works are not subject to fair dealing for the purposes of criticism and review under the United Kindom law since they have not “been made available to the public.” Therefore permission will be required from the rights-holder for reuse unless the content is out of copyright.

There is currently no legislation in either the United Kingdom or the United States of America to cover the use of works for which a copyright holder cannot be found or identified (so-called orphan works) and being unable to locate a rights holder is not a defence against copyright infringement.

United Kingdom law does allow for some reuse in cases where the rights holder is anonymous. The Joint Copyright Guidelines from the British Academy and The Publishers Association (see below) has further advice on this.

For more information about Unpublished and/or Orphan Works please see the following resources:

United Kingdom

– Joint Guidelines on Copyright and Academic Research – Guidelines for researchers and publishers in the Humanities and Social Sciences, Duration of copyright in unpublished works, section 4.3
– Orphan Work, section 8

United States of America

– The copyright law of the United States of America, section 302

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Any changes or modification will be effective immediately upon publishing of the revisions on the Network and Sites, and you waive any right you may have to receive specific notice of such changes or modifications.

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This document was last updated on July 30th, 2020.