Permissions: Help for Authors

When is permission required for reusing content?
What is ADA journals' policy on using material from other sources?
How do I obtain permission to reuse content?
What if I want to reuse content I created that was published in an ADA journal?
What is ADA's policy on using patient photographs?
Still have questions?


When is permission required for reusing content?

Permission for reuse is required for all copyrighted materials. For works created after 1923, copyright protection exists automatically from the moment the work is created in a fixed, tangible form of expression. (Works created prior to 1923 are considered in the public domain and can be reused without permission.) To use copyrighted materials lawfully, permission must be secured from the applicable copyright holder or a copyright licensing agent.

Permission from the rights holder should be obtained before reusing any substantial part of a copyrighted work. This includes illustrations, graphs, charts, tables, photographs, passages of text, or any other material taken from a published source. Regardless of whether permission is required by law, appropriate credit should always be given to the original source.

The lack of a copyright notice does not mean the material is free to reuse. Materials are not required to include a copyright notice according to U.S. law.


What is ADA journals' policy on using material from other sources?

If materials (e.g., figures and/or tables) are taken from other sources, the author of the manuscript must provide written permission from the original publisher and author at the time of submission. The permission document should be uploaded to the manuscript submission Web site as soon as possible. 

In addition, the original source of the reproduced material must be cited at the end of the figure (or table) legend and can appear in one of two ways, as follows.

1. If a reference citation for the original source of the reproduced material appears in the reference list, at the end of the figure legend include a statement such as the following:

  Reprinted with permission from Smith et al. (1).

2. If a reference citation for the original source of the reproduced material does not appear in the reference list, at the end of the figure legend include a statement such as the following:

  Reprinted with permission from Smith et al. An in-depth study of diabetes. N Engl J Med 2011;33:1–15.


How do I obtain permission to reuse content?

If seeking permission to reuse material from a journal published by the American Diabetes Association, locate the article on the respective journal's Web site (http://diabetesjournals.org) and click the "Get Permission" link. (View example.) If the material is published in another type of American Diabetes Association publication, such as a book, please contact Copyright Clearance Center (http://www.copyright.com/). 

In general, permission to reuse content may be obtained directly from a copyright holder or from a licensing agent, such as Copyright Clearance Center. If requesting permission through Copyright Clearance Center (http://www.copyright.com/), follow the on-screen instructions. Copyright Clearance Center offers access to the usage rights of many journals, books, magazines, and other copyrighted materials and in many cases can provide instant authorization.

If the name of the copyright holder is not apparent, the U.S. Copyright Office Web site offers a search engine for locating copyright holders (http://www.copyright.gov/records/).

If sending a permission request directly to a copyright holder, be sure to include the following:

  • Your name, address, telephone number, and e-mail address
  • Your title, position, and institution's name
  • The date of your request
  • The title of the work to be copied with a description and citation of that work
  • A description of how the work is to be used, by whom and for how long

What if I want to reuse content I created that was published in an ADA journal?

Authors of content published in an ADA journal are permitted to reuse portions of their ADA-copyright work in their own work, including tables and figures. Authors also are permitted to reuse portions or all of their ADA-copyrighted work for lecture or classroom purposes. In both cases, proper citation and copyright information must be included. See below for an example of proper citation and copyright information.

   Published previously in Smith et al. An in-depth study of diabetes. Diabetes Care 2011;33:100–115.     Copyright 2011 by the American Diabetes Association.


What is ADA's policy on using patient photographs?

In order to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other U.S. federal and state laws relating to privacy and security of personally identifiable information, explicit written consent must be obtained before personal information or images of patients or any other individuals may be included in a work to be published by ADA. Release forms signed by all parties should be retained by the author and made available to ADA upon request. In the case of minors, consent must be obtained from a legal guardian.

Images of patients or research subjects should not be used unless the information is essential for scientific purposes and explicit permission has been given as part of the consent. Even where consent has been given, identifying details should be omitted if they are not essential.

Consent is not required for the use of images in which the individual cannot be identified, e.g., in x-rays, ultrasound images, pathology slides, or laparoscopic images, provided that these do not contain any identifying marks and are not accompanied by text that might identify the individual concerned.

If consent has not been obtained, it is generally not sufficient to simply use bars across the eyes or to blurr the face of the individual concerned.


 

Still have questions?

Contact ADA's Permissions Department at 703-253-4372 or permissions{at}diabetes.org.