Use of Third-Party Materials

עברית
You must comply with third-party copyright law if you wish to include materials created by others in your work. This includes texts, images, tables, graphs, recordings, and other formats.
 
What are third-party materials?

The use of third-party materials refers to texts, images, tables, graphs, recordings, and other formats for which another person holds the rights. The rights holder may be:

  • An individual
  • A publisher
  • An organization

In most cases, permission is required for reuse of such material. However, there are exceptions, for example when the use is for:

  • Personal study
  • Teaching
  • Criticism or review
Obtaining Permission for Reuse of Materials

You must identify the rights holder and request permission for use before utilizing the material, unless:

  • The copyright on the material has expired
  • The use complies with the fair use provisions of copyright law (for example, use for personal study, teaching, criticism, or review)
  • The rights holder has granted prior permission for reuse, such as through a Creative Commons license

Please note that the author is not necessarily the rights holder — in some cases, the rights have been transferred to the publisher.

What to Do After Permission Is Granted?

If permission has been granted to use third-party materials, you must:

  • Include a clear attribution in your work, for example: “Permission to reproduce this [content] has been granted by [rights holder].”
  • If the material must be distributed under a license different from that of your work, indicate this clearly, for example: “Permission to reproduce this [content] has been granted by [rights holder]. All rights reserved.”
  • Avoid relying on the material in a way that could substitute for the original work
  • Keep a copy of the letter or email granting permission, and be prepared to present it as proof if requested
What Is Considered Fair Use?

There is no fixed or defined amount of material permitted by law. Fair use is evaluated based on context and is considered fair when it is:

  • Selective and limited
  • Directly related to the argument presented in the work
  • Does not harm the market for the original work
Types of Materials for Which Fair Use Is Difficult to Claim (or Does Not Apply):
    • Illustrations, tables, graphs, and maps
    • Photographs
    • Images of artworks from museums and galleries
    • Epigraphs, poems, song lyrics, musical scores, audio recordings, film stills, video clips, cartoons, advertisements, and marketing materials
    • Information from the internet (unless it has an open license)
    • Unpublished materials
    • Long quotations

    Permission must be obtained for reuse of these materials.

Reusing Your Previously Published Works

If you wish to reuse a work you have published in the past, you must:

  • Review your publication agreement
  • Ensure that the rights for reuse are still yours
  • Contact the publisher if the agreement is unclear

In some cases, you may have signed over copyright when your article was accepted for publication. In such cases, you must request permission from the publisher for reuse.

 

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