Hi John, this might help.
At the end of the day it all comes down to interpretation and there seem to be many grey areas.
The main point however seems to be if you are going to gain financially which in this case is not your intention.
When is permission required to use third party material?
As a general rule, permission should be sought from the rightsholder to reproduce any “substantial parts” of any copyright work. This includes literary works (eg text and tables), as well as all photographs, slides, line illustrations, or other artwork. Whether or not the material that is being reproduced is a “substantial part” is a subjective test that depends both on the significance of the copied material and the quantity of material used.
When is clearance of rights not required?
• When the material is not subject to copyright protection.
o Copyright protects only original (i.e. creative) materials (NB: threshold for creativity is low).
o Copyright protects only the particular form of expression of a work, and not the ideas or facts contained in it. So, for example, a fact in an individual article would not be protected, although if it were arranged in a table in a particularly unusual way, that table would benefit from copyright protection.
• Fair Use/Fair Dealing (varies by country)
o Includes copying on a limited basis for purposes such as education and research, known as “fair use” in the US or “fair dealing” in the UK.
o “Fair use” involves the analysis of a number of factors (including the purpose and character of the use, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work)
o Prior to relying on “fair use” instead of obtaining permission, your publisher should be consulted
• “Public Domain”
o These materials have no copyright protection and can be reproduced without permission.
o Includes all materials for which the copyright term has expired or in relation to which the copyright owners have chosen to release the materials into the public domain, and materials prepared by officers or employees of the US government as part of their official duties.
Use of photographs and illustrations
• For photographs and illustrations, the publisher will not always own the reproduction rights; rather, the photographer or illustrator might have retained these rights. If the source from which the material is borrowed does not indicate who owns reproduction rights, the publisher’s response to a request for permission will often indicate who does.
• Photographs or illustrations of fine art objects (sculpture, painting, decorative arts, antiquities, etc.) may be subject to copyright, and permission may need to be obtained from the holder of the reproduction rights in the photograph (usually the photographer, the publisher or the museum which owns the object).
Regards Allan
