| CASE STUDIES IN COPYRIGHT PERMISSIONS
Case Study 5: Major Daily Newspaper
1/13/05: Read the FAQ on the newspaper's website concerning
linking to articles and obtaining permissions to display
articles on the Web. According to the website, it appears
that you can link to any article that is available on their
site. However, the articles are not free, except for more
recent reviews. So it looks like we can link to any recent
film review in the paper, and the user would be able to
click that link and view the article. However, even though
the reviews are free, the user will have to register with
the newspaper, which is free. I wrote an e-mail to the rights
and permissions department, asking for a person to contact
(call on the phone) to discuss our particular case and issues.
I will ask them the following questions:
How do their guidelines pertain to our project, which is
showing images of documents online? Any difference as far
as rights are concerned?
What about writers who are not on your staff?
Can we link to more articles for free since we are nonprofit?
Are the only free links the recent reviews?
Made note to call again a week from Thursday.
1/14/05: Received an e-mail from rights and permissions
specialist. Will call him Tuesday 1/18/05.
1/27/05: Called and talked to rights and permissions specialist.
He basically confirmed everything above. He said that the
newspaper publisher owns everything after 1996 so there
is no freelance versus staff issue in that time period.
Therefore, linking is the only option. However one thing
he said was the reviews "may not be complete" (this is because
much of the online archive contains abridged and summary
articles). For articles before 1996, the newspaper
owns virtually everything from that period too, so they
would not be interested in helping us find the few
instances where the material was owned by the writer. Therefore,
we could link to the articles pre-1996, but the user would
have to pay a fee to see it. We cannot display ANYTHING,
EVER-- unless we pay a licensing fee. One small shred of
hope is that he said we could send a permission request
to his attention, asking for free, blanket permission, and
see what happens (which I will do).
2/4/05: Sent permissions pack, made note to follow
3/3/05: Received an e-mail from rights and permissions specialist
saying they would only allow us to display the articles
if we paid a permission fee and that, in this case, it would
be a minimum of $20,000.