The Permissions Process
When an author submits a manuscript to the publisher, that manuscript may contain material from outside sources. Photographs, text quotes, cartoons, full article reprints, charts, line drawings, graphs, maps, screen shots of websites or software--all sorts of things--may have been found during the course of research and may be added to the manuscript by the author. Someone must (1) evaluate whether permission is required for each of those "found items" to be printed in the book and, where permissions are required, someone must (2) obtain written permission before each item can be reprinted.Depending on the practices and requirements of each publisher, permissions evaluations are performed by the author, the editor or editorial assistant, the legal department of the publisher, a freelancer, or by a combination of those (as double-checks). Most publishers provide basic guidelines to their authors on fair use practices and copyright law. Book contracts specify whether the author or publisher is responsible for doing the work of obtaining all required permissions (or for hiring a freelancer to do so).
Many authors seeking freelance assistance have already started the permissions for their books, but have found the process nerve-wracking, confusing, and/or too stressful for them to deal with considering all their other on-going obligations to the book. Editors--working either for the publishers directly or as staff at a book packager assigned to the project--will usually know in advance whether they need a freelancer.
When we receive the project materials for a new assignment, we determine where we are in the permissions process. If the manuscript has already been evaluated, the project materials should include a spreadsheet containing the items needing clearance, called a permissions log. Or we will receive a hard copy of the manuscript with flags on the pages containing items needing permission and we will then create the permissions log from the manuscript.
If an evaluation needs to be done on a new project, we review the full manuscript page-by-page and create a permissions log based on our findings. Next we make a list of questions to get clarification on any material whose origin is unclear from the manuscript or other materials we have received. Accuracy is very important when dealing with copyright evaluations so we need complete source information.
When the permissions log is finalized, we move to the querying stage. In order to send complete and clear permissions queries, the permissions log should contain a full reference citation for each item as well as complete contact information for the copyright holder. If necessary, we will conduct Internet and library research to obtain any relevant information not provided by the client. We track down ISBN numbers, page numbers, literary agents, estates of deceased authors/artists, you name it.
Clients will sometimes provide their preferred permission request letter as a template. If they do not have a template, we will supply one. Then we create and send the query letters . . . and wait. Permissions departments that receive these queries are usually swamped and a 12-week response time is not unheard of. Four to five weeks is more common. We'll begin receiving responses and updating all the details in the permissions log, including reprint fees, rights restrictions, copyright notices and source credits, complimentary copy requests, and requests for changes to the reprinted material or book content.
For regular projects, we begin following-up on the unanswered queries in a few weeks. For rush projects, our queries will include a plea to help us meet a specific deadline (about a week from the date of the query letter). If we do not receive a reply by the deadline, on the following business day we will begin to follow-up by phone, fax and email.
It can take days, weeks, or months to receive all the responses. Throughout this process, we keep the client informed about all our progress. We submit updated permissions logs at intervals depending on the project size and urgency: weekly, biweekly, monthly. When we're getting close to our deadline (typesetting or press time), we document the full story on each of the items with permission still outstanding. In an email we report on what we've done to track the item, what companies were contacted, who we spoke to, what they said, when we will follow-up again, etc.
When each project is completed, we submit a final permissions package that includes a copy of the permissions log, all permissions contracts and any invoices for reprint fees, a credits list, a complimentary copies list, and any other special documentation requested by the publisher. We also keep a copy of each finished project on file for future reference. If a project file is ever lost or destroyed, please contact us so we can send a replacement copy for your records.