Managing Third Party Permissions: 

The Practical and Philosophical

Date: Thursday, June 2, 2011
Time: 10:00 a.m - 5:00 p.m.
Location: Baltimore Marriott Waterfront, 4th Floor, Essex A/B

Organizer: Stephanie Vyce, Director of Intellectual Property and Subsidiary Rights, Harvard University Press
Linda Steinman, Davis, Wright, Tremaine, LLP
Kristina Stonehill, Assistant Acquisitions Editor/Rights & Permissions Coordinator, Wayne State University Press
Chris Cosner, Systems Manager, Stanford University Press
Diane Grosse, Rights and Permissions Manager, Duke University Press
Christopher Hudson, Publisher, and Kara Kirk, Associate Publisher, MoMA

Description: Scholarship is based in large part on academics expanding on their own ideas or building on the work of others to advance their own theories.  The writings of these academics, the bread and butter of university press publishers, usually contain some sort of third party material.  Effective management of third party permissions by a publisher is crucial to a successful publishing plan.

The practical challenges for press staff related to permissions for third party material are to know how to advise authors on permissions without compromising terms of the warranty and indemnification language of a book contract, assure that rights are obtained to the extent necessary to publish a book successfully, and organize information about permissions in a meaningful and useful way.  More philosophical questions arise when authors complicate publications with the unnecessary inclusion of third party material or when they and their publishers find themselves at odds with rights holders over terms of rights. 

This workshop will tackle some of the practical challenges related to third party rights and start a conversation about the philosophical issues that will hopefully lead to more cooperation among the various parties.

Who should attend: Editorial and rights staff responsible for seeking permissions and granting rights.


9:00 - 10:00 a.m. Registration
Grand Foyer, 3rd Floor

9:00 - 10:00 a.m. Continental Breakfast
Essex C, 4th Floor

10:00 - 10:15 a.m. Opening Remarks
Stephanie Vyce, Harvard University Press

10:15 - 11:00 a.m. Authors and Publishers Working Together
Linda Steinman, Davis, Wright, Tremaine, LLP
Presses include language in header contracts placing the responsibility of clearing rights to third party material with authors.  These authors, however, typically need help deciding when permission is needed and what to ask for.  Linda will help us understand better the realities of warranty and indemnification language as it related to third party materials and what a publisher can and should do to partner with its authors in this area.

11:00 - 11:30 a.m. Tools for Authors
Stephanie Vyce and Linda Steinman

11:30 a.m. - 12:00 p.m. The Right Person for the Job
Kristina Stonehill, Wayne State University Press
Typically, authors consult with editorial assistants when they have questions about permissions.  When needed, EAs consult with staff in rights and permissions.  Wayne State University Press is streamlining this process by shifting management of incoming permissions to the Permissions Coordinator.  Kristina will talk about what led to this decision and how this new position will better serve the press and its authors.

12:00 - 1:00 p.m. Lunch
Essex C, 4th Floor

1:00 - 2:15 p.m. Tools for Organization
Chris Cosner, Systems Manager, Stanford University Press
Rights management has become more complex with the advent of the e-book. Given the extra dimension of electronic formats and their attendant issues, how should we track permissions? In this portion of the workshop we will discussion how to plan and evaluate a database system to help manage third-party permissions for print and electronic formats.

2:15 - 2:30 p.m. Break

2:30 - 3:30 p.m. Text Permissions
Diane Grosse, Rights and Permissions Manager, Duke University Press
Diane licenses permissions/subrights for DUP content: books (120 a year plus backlist) and journals (47). For acquiring permissions across product lines, her role includes: streamlining processes, including request language, so obtained rights are clear and consistent, providing expert advice to authors, editors, staff (both in-house and outside) concerning permissions, negotiating tactics, copyright law, negotiating directly with rightsholders as needed. She'll be discussing the grey area that is permissions and how scholarly publishers and rightsholders can work together to advance scholarship while still respecting the rules of third party rights–setting language/rights expectations, when not to ask for rights–and an overview of setting best practices within your press to streamline the processes and workflow.

3:30 - 4:30 p.m. Image Permissions
Kara Kirk, Associate Publisher, MoMA
Image permissions present their own challenges.  Kara Kirk will speak from the joint perspective of a publisher and rights holder and how presses and museums can work together more effectively.

4:30 - 5:00 p.m. Questions and Wrap-up