Frequently Asked Questions

עברית

Copyrights

What Are Copyrights?
Copyright protects the original expression of an idea in the form of a work (literary, artistic, dramatic, or musical), but not the idea itself.
Are Copyrights Limited?
Yes. There are limitations in favor of the public interest, such as fair use.
What Happens When I Publish an Article?
In traditional models, the publisher may require the transfer of copyright. This means that the publisher controls the distribution terms, and the author retains only limited rights.
Can You Retain Some Rights?

Yes. You can:

Which Rights Are Important to Retain?

Consider retaining rights such as:

  • Distribution for teaching purposes
  • Creating derivative versions
  • Uploading to an institutional repository or personal website
  • Incorporating into future works
What Are Publication Agreement Addenda?
Tools such as the Scholar's Copyright Addendum Engine and the SPARC Author Addendum allow you to add an appendix to the agreement that preserves your copyright.
What Are Creative Commons Licenses?
Licenses that allow the author to determine how others may use the work. The most common and recommended license for scholarly articles is CC BY.
What Is the Difference Between Full Open Access and Hybrid Open Access?
  • Full Open Access – The author retains the rights, and the article is freely available to everyone, usually under a Creative Commons license.
  • Hybrid Open Access – The author chooses between paying for open access publication or opting for traditional publication, which involves transferring rights to the publisher.
What Is Recommended Before Publishing an Article?
How Can You Know What Is Allowed Under the Agreement?
It is recommended to check the publisher’s website and specialized databases such as Open Policy Finder.
You may also consult with Dr. Yehudit Shkolnisky Lieberman.

 

Back to Main Page

Third-Party Copyright

What Does “Third-Party Copyright” Mean?
It refers to material (such as text, image, table, or recording) created by another person or entity, who holds the copyright for that material.
Who Can Be the Rights Holder of Material You Wish to Use?

An individual, a publisher, or an organization.

Is It Always Necessary to Request Permission to Use Third-Party Material?

Generally, yes—unless one of the following exceptions applies:

  • The copyright has expired
  • The use falls under one of the legal exceptions (such as personal study, teaching, criticism, or review)
  • The rights holder has granted an open license in advance, such as a Creative Commons license
How Should You Proceed Before Using Third-Party Material?
Identify the rights holder, contact them to request permission, and wait to receive written approval.
Is the Author Always the Copyright Holder?
Not necessarily. In some cases, the rights have been transferred to the publisher or the publishing organization.
What Should You Do After Receiving Permission to Use Copyrighted Material?
    • Provide clear attribution, for example: “Permission to reproduce this [content] has been granted by [rights holder].”
    • Indicate if the material is distributed under a license different from your own work
    • Keep a copy of the authorization (letter or email)
    • Be prepared to present proof of permission if requested
Does the Law Specify an Exact Amount of Material Allowed for Fair Use?

No. Fair use is assessed based on context, not on a fixed quantity.

When Is Use Considered Fair?

When it is:

  • Limited and selective
  • Directly related to the argument in the work
  • Does not harm the market for the original work
  • Includes clear attribution
  • Incorporated as part of a critical or analytical discussion
Which Types of Materials Are Difficult to Claim as Fair Use or Are Not Covered at All?
  • Illustrations, tables, graphs, maps
  • Photographs and images of artworks from museums or galleries
  • Poems, song lyrics, musical scores, audio recordings
  • Film stills, video clips, cartoons, advertisements, and marketing materials
  • Online materials without an open license
  • Unpublished works
  • Long quotations
What Should You Do If You Want to Use One of These Materials?

Request permission for reuse from the rights holder.

Is It Permissible to Use Works You Have Previously Published in a New Work?
Only if you still hold the copyright to the work.
What Should You Check Before Reusing a Previously Published Work?
    • Your publication agreement
    • Whether you retained the rights for reuse
    • If you are unsure — contact the publisher
What Happens If You Transferred Copyright to the Publisher?

You must request permission from the publisher to reuse the material.

 

Back to Main Page