Publishers
In this section you will find user-friendly information sheets and FAQs relevant for Publishers.
Related Info Sheets
Related FAQs
Can I publish anonymous email jokes in a joke book?
Many email jokes (including text, cartoons and photographs) are likely to be protected by copyright. This means that you will need permission to publish them. If the person who originally sent the jokes is the copyright owner, it is possible that some or all recipients have an “implied licence” to reproduce the jokes for personal use, or to forward the email. However, any such implied licence would not extend to publication of the jokes in a book.
It may be difficult, and in many cases impossible, to identify and contact the owner of copyright in this kind of material. The Copyright Act does not allow you to use material without permission merely on the basis that you can’t identify the copyright owner or can’t contact them, or if they fail to reply to your request for permission. You could discuss with your publisher whether it is willing to take the risk of publishing without permission.
For more information, see our information sheet Owners of copyright: how to find, available at www.copyright.org.au/permission.
Is there standard wording for a copyright notice?
The internationally recognised copyright notice is the copyright symbol ©, followed by the name of the copyright owner and the year of first publication. In many publications, other words are added to this notice. For example: “© Kieran Sting 1992. Except as provided by the Copyright Act 1968, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of the publisher”.
There is, however, no “standard” or prescribed wording for such a notice. It is generally up to the publisher to determine the form of words used.
Who is responsible for getting copyright clearances: the publisher or the writer?
For books, the writer’s contract should generally state who is responsible for getting all necessary permissions to include third party copyright material. In many cases, the writer undertakes to do this. However, in many cases, publishers should generally also assess what permissions are needed, and check that they have been obtained and properly documented.
The reason for this is that, generally, it is the publisher who is sued for copyright infringement, not the author. The publisher may be entitled to recover money from the author if the author has breached an undertaking in his or her agreement, but this is only useful if the author is able to pay.
What is an ISBN (International Standard Book Number)?
The ISBN is a 10-digit number that uniquely identifies books and book-like products published internationally. Each number identifies a unique edition of a publication, from one specific publisher; its purpose is to allow more efficient marketing of products by booksellers, libraries, universities, wholesalers and distributors.
ISBNs are given to printed books and pamphlets, book readings on cassettes, microform publications and microcomputer software. ISBNs are not given to ephemeral material (such as diaries, calendars, theatre programs), sheet music, art prints and art folders, and serial publications such as newspapers, magazines and annual reports. Serial publications receive an ISSN – International Standard Serial Number. http://www.thorpe.com.au/isbn/
A publisher for whom I wrote an article has sublicensed it to another publication without my permission. What can I do?
Whether you can take any action depends on your contractual arrangement with the original publisher – in particular whether you have granted your publisher the right to license your work to third parties. If you have not done so, you may have a claim for copyright infringement against the current publisher and against the publisher which authorised the re-publication.
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.