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Chapter III
Permissions for Published Material,
Microfilming, and Copyrighting
A. Microfilming and Ordering Copies
Doctoral Dissertations
ProQuest Information
and Learning publishes FIU doctoral dissertations in microfilm form and in
paper copies from the microfilm. Microfilming
is required for dissertations ONLY.
Braille editions and
special sound recordings of nondramatic literary works are provided for the
blind and physically handicapped with permission of the candidate. (See this
item on the ProQuest Information and Learning agreement.)
The abstract of the
dissertation is published in Dissertations
Abstracts International. Copies of the abstract and copies of the
dissertation in soft cover, hard cover, or microfiche may be ordered at the
time of filing through University Microfilms International at a discounted rate
using the agreement. Please allow about five months after the date of filing
for copies ordered from ProQuest Information and Learning to be received.
The candidate will
fill out the appropriate section of the ProQuest Information and Learning
agreement, submit the required fee to the FIU Cashier's Office, and bring copy
of receipt to the
All requests for
copies of dissertations after filing should be addressed to:
ProQuest
Information and Learning
Tel.
800-521-0600
B. Copyrighting
Registration of Copyright
The need to register copyright depends on the nature of the
materials and on the candidate-author's plans for future publication or
revision of the manuscript. The candidate's work is protected, under
the present law, from its creation through the life of the author and another
fifty years thereafter (Public Law 94-553, The Copyright Act of 1976, effective
January 1, 1978).
Whether the
dissertation copyright is registered or not its author retains the right to
publish all or any part of the manuscript by any means at any time, except, in
the case of the doctoral dissertation, as described in the ProQuest Information
and Learning agreement. Registration of
the copyright puts on public record the exact details of a copyright claim. In
order to bring suit against an infringer, registration is necessary. If a
registration of copyright is desired, the candidate should prepare the
copyright page (See Appendix 10
in this Manual) for notification of copyright in the dissertation.
Fees for Microfilming and Copyrighting
The candidate wishing
ProQuest Information and Learning to file the application for registration of a
claim of copyright on his or her behalf will:
fill out the appropriate section of the
ProQuest Information and Learning agreement,
sign the authorization on the back of the
agreement,
submit the required fee to the FIU
Cashier's Office, and
bring copy of the receipt to the
ProQuest Information
and Learning will pay the registration fee, prepare the application and deposit
copies required by the Copyright Office. The certificate of registration will
be mailed to the candidate by the Copyright Office approximately five months
after ProQuest Information and Learning receives the manuscript.
Those students wishing both microfilming and copyrighting
services can submit both fees together to the FIU Cashier's Office.
Present fees for
microfilming dissertations are $55.00.*
Present fees for
copyrighting dissertations are $45.00.*
*All fees are subject to change without notice.
C. Material of
Candidate Accepted for Publication
Manuscripts that have
been formally accepted for publication, as verified by the major professor and
the committee members, rather than merely submitted for consideration, are
treated as published material with respect to permission to reproduce
copyrighted material.
These manuscripts may
be reproduced in the form in which they were submitted if they conform to the
rules of appearance, are fitted within required margins, and are paginated
according to format (see Chapter I).
An acknowledgment page citing the publications in which the manuscript will be
published is required. When appropriate, acknowledgment of permission to
reproduce copyrighted material is to be included on the acknowledgments page.
D. Using Copyrighted Material
All
FIU dissertations are microfilmed by ProQuest Information and Learning. Public
access to the microfilms is controlled by two points:
Did the filmed manuscript use copyrighted
material?
If copyrighted material was used, is a
publisher's permission to use the material required before the film can be made
available to the public?
Thus, if a student uses copyrighted material, he or she
should keep the following guides in mind:
A publisher's permission will never be
required if a student uses an excerpt (or excerpts) of copyrighted material
from a single source that fits on one single-spaced manuscript page.
A publisher's permission may be required
if a complete, single work is used, e.g., a poem, song, test, painting, figure,
table, drawing, map, etc., no matter how short the item is.
If a student uses more copyrighted
material from a single source than fits on one single-spaced manuscript page,
the student should acquire letters of permission from the publisher of the
material.
Permission
Answers from Publishers
If a student believes
that permission letters may be necessary, the requests (see sample letter in Appendix
19) should be mailed as early as possible, using the ProQuest Information and Learning address as a return address. Students
contacting publishers for permissions should never use their department or home
addresses as a return address: the answers may never get back to the office
that requires them. Permission answers should be mailed directly to:
Manuscript
Supervisor
ProQuest
Information and Learning
ProQuest Information and Learning makes the final decision
as to whether a dissertation or thesis requires a permission letter. For
both types of manuscripts, if required letters are not received within sixty
(60) days of filing, the filed manuscript will be microfilmed, but access to
the film will be restricted to the student and
When contacting
publishers, students should include the time limits and restriction information
in the permission requests. In addition, students should not leave the
permissions requests open-ended. Students should ask publishers for a response,
whether the answer is yes or no.
Master’s Students
Permission to use
copyrighted materials is required regardless of whether the thesis will be
microfilmed or not. If a master’s student uses copyrighted materials as part of
her/his thesis and the thesis will not be microfilmed, the student must include
the letter(s) of permission as an appendix in the thesis.
F. Determining if the Material is Copyrighted
Check the front of the
material, looking for the publishing history and the international copyrighting
sign: ©. Normally, whatever name appears after "© by" identifies who
holds the copyright. Some general rules of thumb: professional journals hold
the copyrights on all articles they publish; magazines and newspapers hold the
copyrights on everything they publish; publishing houses hold the copyright on
all books, whether collections, editions, translations, etc. that the house
produces.
Foreign copyrights are
as valid as
Material published in
the
When using an old
text--Tacitus, Diderot, Lord Acton, etc.--ALWAYS check the edition date (found
on the publishing page). Just because the text is old, does not mean that the
edition being used is old or out of copyright.
If the student knows
for a fact that a permission letter is not required, the student must provide a
letter when filing the manuscript that indicates why the permission is not needed
and proving that the material in question is in the public domain.
Permission is required
for the use of materials from certain private collections and museums without
respect to copyright. The candidate is responsible for determining if
permission is needed.