Editors
In this section you will find user-friendly information sheets and FAQs relevant for Editors.
Related Info Sheets
Related FAQs
I have substantially edited a report. Do I have any claim to copyright ownership in the edited version?
Whether an editor will own copyright in an edited text will depend upon the particular situation. It is unlikely that an editor would own copyright where the edits relate to matters such as spelling, grammar, style and punctuation, or where the editor makes suggestions about the text which the writer later implements.
On the other hand, where the editor makes significant changes to structure or wording, the editor (or editor’s employer) may own part of the copyright in the new work created. However, this part ownership would be subject to the underlying copyright in the original material (in other words, you could not independently publish the edited work without permission). Further, the owner of copyright in the original material and the person or organisation you are working with would generally have a very wide-ranging licence to use the edited material without specific permission from you.
Can editing a work infringe the moral rights of the author?
It is generally unlikely that an editor would infringe the moral rights of a writer by making alterations to spelling, grammar, style and punctuation (unless, of course, unorthodox spelling, grammar or punctuation are integral to the particular material).
However, substantial changes to structure and wording of a work may infringe moral rights if such changes are made without consultation with the author before the work is published.
Most publishing agreements contain a clause dealing with moral rights and making edits to an author’s work. As an editor, you should be sure that you understand what sort of editing is permissible without the author having to be consulted.
If you are editing articles for magazines or newspapers, it may be “reasonable”, in light of industry practice, to make certain types of changes (for example, for space considerations) which would not be “reasonable” in the context of book publication. However, we recommend that publications draw up policy guidelines to assist their editors in this regard.
In practice, the publisher would usually be liable for any moral rights infringements.
As an editor, am I responsible for copyright or moral rights infringement if an author or publisher uses a quote that should have been cleared?
Generally, no.
However, as a practical matter, one of the expectations of an editor may be that he or she will draw potential copyright and moral rights issues to the attention of the person they are working for. It is best to clarify with the person for whom you are doing the editing whether or not he or she has any expectation that you will do so.
An author has included song lyrics in a story. Do these need to be cleared?
Generally, a writer or publisher will need permission to reproduce all or a "substantial part" of song lyrics, which are usually a “literary work”.
Because it can be difficult to work out whether or not a line from a song is a reproduction of a substantial part of the song's lyrics, and because music publishers can be very protective of their rights, many publishers get permission for even a couple of lines of a lyric.
We recommend that publishers, if they are expecting their editors to look out for possible copyright issues, develop guidelines to assist them in this regard.
If I say where the quote came from, can I use it without permission?
Attributing the author does not negate an obligation to get permission from the copyright owner.
As noted above, you won’t need a copyright clearance if what you are using is less than a “substantial part” of the original work. However, you should generally attribute the creator anyway.