Copyright and Permissions

FAQs

Copyright

  1. What is an exclusive licence agreement?
  2. Why does SAGE require an exclusive licence agreement?
  3. Who owns the copyright in my article?
  4. What if I have co–authors contributing to this article?
  5. What if my employer holds the copyright in the work?
  6. What if I am a government employee?
  7. What are my rights as author?
  8. Can I publish my article open access in the SAGE Choice scheme?

Permissions

  1. What if I want to re–use material from another source in my article?
    1.1 What are ‘STM Permissions Guidelines’ and how can I use them?
    1.2 What is ‘fair dealing’, and what does it cover?
    1.3 What is 'fair use', and what does it cover?
    1.4 Is there any specific wording I should use in my letter requesting permission?
    1.5 May I post my article online or otherwise distribute it without permission from SAGE?
    1.6 How can I contact the SAGE Permissions department?

Open Access

For more information on open access options at SAGE please visit the open access pages.

FAQs Copyright

1. What is an exclusive licence agreement?
 With an exclusive licence you retain copyright. Your work is credited as © The Author(s) but you license the control of all rights exclusively to SAGE or, where relevant, a society or other proprietary publishing partner. This means that all licensing requests including permissions are managed by SAGE.

2. Why does SAGE require an exclusive licence agreement?
We seek to bring your article to the widest possible readership. An exclusive licence helps us ensure adequate protection against infringement of copyright protected material through breach of copyright or piracy anywhere in the world. It also ensures that requests by third parties to reprint or reproduce a contribution, or part of it in any format, are handled efficiently in accordance with general policy which encourages dissemination of knowledge inside the framework of copyright.

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3. Who owns the copyright in your article?
If you have written your article yourself, or with co–authors, and you have not been commissioned to write the article by someone else (either by a government agency, your employer or any other party) you (and any co–authors) will hold the copyright in your article. If you have written the article in the capacity of your role at work or your contract of employment you may not hold copyright in your article, and you will need to check the relevant box on your Contributor Agreement. Please see below for further information.

4. What if I have co–authors contributing to this article?
You must ensure that you have your co-authors' consent to submit the article for publication and that you have the right to sign the Contributor Agreement on their behalf. If they preferred, all authors may sign the agreement. Co-authors may either all sign and return

the same copy of the agreement, or each author may sign and return seperate copies of the agreement.

5. What if my employer holds the copyright in my work?
To indicate that the rights to your work are owned by your employer, you may check the relevant box on your Contributor Agreement and also have an authorised representative of your employer sign the Contributor Agreement before returning it.

6. What if I am a government employee?
a) If you are a UK, Canadian, Australian or British Commonwealth government employee, you just need to check the regular "work made for hire for employment" box or "Other Government work (not U.S.)", as applicable to your agreement, and have your manager sign the Contributor Agreement too.
b) If you are a US federal employee, please check with your manager, but your work is likely the public domain, so not in copyright and therefore not assignable. Please check the relevant box on the form.

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7. What are my rights as author?
It is important to check the submission guidelines for the journal to which you have submitted your article to review the journal's policy regarding author re-use.

Version 1- original submission to the journal (before peer review)

Version 2 - original submission to the journal with your revisions after peer review, often the version accepted by the editor

Version 3 - copy-edited and typeset proofs and the final published version

SAGE's standard policies allow the following re-use rights:

  • You may do whatever you wish with the version of the article you submitted to the journal (Version 1).
  • Once the article has been accepted for publication, you may post the accepted version (Version 2) of the article on your own personal website, your department's website or the repository of your institution without any restrictions.
  • You may not post the accepted version (Version 2) of the article in any repository other than those listed above (i.e. you may not deposit in the repository of another institution or a subject-matter repository) until 12 months after publication of the article in the journal.
  • You may use the published article (Version 3) for your own teaching needs or to supply on an individual basis to research colleagues, provided that such supply is not for commercial purposes.
  • You may use the article (Version 3) _*in a book authored or edited by you *_at any time after publication in the journal. This does not apply to books where you are contributing a chapter to a book authored or edited by someone else.
  • You may not post the published article (Version 3) on a website or in a repository without permission from SAGE.
  • When posting or re-using the article please provide a link to the appropriate DOI for the published version of the article on SAGE Journals (http://online.sagepub.com)

If your re-use is not already covered by our standard re-use policy, you can request permission by following the instructions on our Journal Permissions page.

If you are the corresponding author of an article, you will receive e-prints which are PDF offprints. Full information on what you can do with these will be provided to you with the link to the e-prints. More information on our Author e-prints policy.

It is not SAGE’s policy to provide PDFs of the published article (Version 3) for mounting on servers or in institutional repositories. However, you may update your own version of the article (Version 1 or Version 2) to reflect changes to the content made during production and convert that article into PDF form. Full details of SAGE’s policy regarding posting of PDFs are covered in the Journal Contributor’s Publishing Agreement you will have signed as an author.

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8. Can I publish my article open access in the SAGE Choice Scheme?
SAGE offers optional, funded open access in a number of journals. To view a current list, link to the further information below. For these journals, you will be invited to select this option on acceptance of your article. More information is available at SAGE Choice FAQ. SAGE will publish your article under a Creative Commons Attribution Non-Commercial license (CC BY-NC) which allows others to re-use the work without permission as long as the work is properly referenced and the use is non-commercial. Authors required to publish under a CC BY licensing by their funder can publish under the Creative Commons Attribution License (CC BY) which allows use of the work for commercial purposes.

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FAQs Permissions

1. What if I want to re–use material from another source in my article?

 If your work does not qualify for a 'fair dealing' (UK) or 'fair use' (USA) exception (please see below) you will need to clear permission for all third party material you intend to include: direct text extracts, tables, or illustrations that have appeared in copyrighted material must be accompanied by written permission for their use from the copyright owner and original author along with complete information as to source. You may be able to benefit from free re-use of a limited amount of material from certain publishers under the ‘STM Permissions Guidelines’ (see below).

Where possible, photographs of identifiable persons should be accompanied by signed releases from these people showing informed consent. This is particularly important for children and essential if photographs feature situations where privacy would be expected.

Articles appear in both the print and online versions of the journal, and the wording of the permission licence must specify permission in all formats and media. Failure to get electronic permission rights - or needed relaeses - will result in the images not being included at all in your article.

If you are unsure whether you need to clear permission, please contact your Production Editor.

There are some occasions where permission is not required for re–use of material from another source. The most important of these is ‘fair dealing’ (UK) or ‘fair use’ (USA).

If you wish to re-use original material published by SAGE in the work you are preparing for publication in a SAGE journal, this re-use may be covered by the STM Permissions Guidelines (see below) but in some cases may require permission from SAGE. In such instances, please visit Journals Permissions.

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1.1 What are the ‘STM Permissions Guidelines’ and how can I use them?
 SAGE is a signatory of the STM permissions guidelines. Despite the name, the STM Permissions Guidelines are not limited to the use of scientific, technical and medical content. Instead, all publications - unless specifically excluded - by the publishers who are signatories to the guidelines are eligible for use under the terms.

The guidelines allow signatory publishers (and their authors) to use small amounts of other signatory publishers’ materials without payment of a fee. In some cases – where the publisher has ‘opted out’ of receiving notice - there is no need to request permission. In other cases, an author wishing to use content from another publisher simply cites the guidelines when requesting the material from the other publisher. If requesting permission online, “STM Publisher” may be an option when identifying the journal in which your article will be published. Re-use under the STM Permissions Guidelines will not incur a fee.

View further information about STM Permissions Guidelines and the process for providing notification when required.

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1.2 What is ‘fair dealing’, and what does it cover?
UK law provides that copyright will not be infringed by ‘fair dealing’ but it does not define what ‘fair dealing’ itself means. It has come to be interpreted as referring to the way material is used, as well as the intention of the person using it.  However, use of third party material must qualify as fair dealing for a particular purpose.
There are a number of these purposes specified in UK law but the most relevant one for us is 'Fair Dealing for Criticism or Review'

What constitutes ‘fair dealing for Criticism or Review’?
First of all use of third party material must be ‘Fair’. That means: not systematic and not conflicting with the rights of the copyright holder or affecting their ability to benefit from the work:

  • There is no set amount of material allowed or forbidden. But the use cannot be systematic or excessive. Do not rely on wordcounts.
  • You must always make proper acknowledgment to the original copyright work. 

Criticism or review:

  • The third party material used must be discussed in the context of criticism or review. This is an essential component providing a justification for fair dealing.
  • There is no legal definition of criticism or review but it’s likely that there would be a fairly liberal interpretation by the Courts.
  • Mere illustration or ‘window dressing’ is ruled out. A good question to ask is whether your work would stand up if the material was deleted.  If so, it is unlikely to be for criticism and review.
  • This defence can only be used in United Kingdom law in conjunction with published works.
  • Permission is always required if you wish to modify or make changes to the third party material because all authors have moral rights under European law.

If you are in any doubt as to whether or not you can use the material as ‘fair dealing’, you should clear permission, or leave the material out.

Please note that, this is SAGE’s working view of a relatively untested area of the law.

For more definitive guidelines please consult the British Academy/Publishers Association Joint Guidelines on Copyright and Academic Research: http://www.britac.ac.uk/policy/joint-copyright-guide.cfm 

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1.3 What is ‘fair use’, and what does it cover?
Fair use is codified as Section 107 of the US Copyright Act and provides an exception to the exclusive rights of the copyright holder under certain limited circumstances.  Fair use involves a four factor analysis that includes considering (1) the purpose and nature of the use, (2) the nature of the original material, (3) the amount of the original material being used in relation to the original work as a whole, and (4) the effect the use will have on the market of the original work.  Text, photographs, illustrations, and figures are all subject to fair use, but generally the more creative the original work (the nature of the original work), the weaker the basis for a fair use argument.  Where the later use is transformative – that is, where the purpose of the use is different than the purpose of the original creation – the fair use argument will be stronger. Only the minimal portion of the original work that is sufficient for the use should be used (e.g., where a 200 word excerpt is adequate for the use, no more than 200 words should be reproduced, photographs should be reproduced in the minimum size that will achieve the purpose).  Reproduction of an excerpt for the purpose of commentary, criticism, and discussion may be the basis for a fair use argument, subject to the overall determination under the four-factor analysis.

If you are in any doubt as to whether or not you can use the material as ‘fair use’, you should clear permission, or leave the material out.

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1.4 Is there any specific wording I should use in my letter requesting permission?
In order to be able to publish your work in the print and online versions of your article we require permission to be granted for worldwide rights to reproduce in all media in all formats. You may use the template letter to request permission. 

1.5 May I post my article online or otherwise distribute it without permission from SAGE?
 Yes, please click here to review your rights as author.

1.6 How can I contact the Rights & Permissions department at SAGE?

Please visit Journals Permissions.

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