Re: Copyright in management models

On Mon., May 12, 1997 1:15PM, Simon Smith <ssmith[_at_]parisol.co.uk> wrote:
>
> Sue Final <smf3[_at_]york.ac.uk> wrote:
> >
> > Does anyone have a view on the use of various management models, for
> > example in course materials for a Management Course? It seems to
> > me that the theoretical side of the model is not protected, but what
> > about the diagram that is normally employed to demonstrate the ideas?
> > (eg Mazlow hierarchies etc)
> >
> > These models seem to be so ubiquitous, can it really be the case that
> > every author/publisher of a textbook etc has to have clearances for
> > the use of each theory illustrated?
> >
> > Would be glad of your thoughts
>
> The diagrams will almost certainly be protected by copyright, and
> consent from the copyright owner will be required if you intend to copy
> these.
>
> You are right to say that the "ideas" behind the printed matter and
> diagrams are not protected by copyright, and in principle if you can
> illustrate these "ideas" by other means then you are free to do so. But
> tread carefully; copying of a "substantial" part of the original will
> amount to infringement, and "substantial" will be viewed in qualitative
> as well as quantative terms. You will need to show that only the "ideas"
> have influenced you, and that you have not copied the text or diagrams
> used previously to illustrate the theory. The safer bet is to seek
> copyright clearance (always assuming that your intended use does not
> benefit from one of the "educational" exemptions to copyright
> infringement in sections 32-36 of the Copyright Designs and Patents Act
> 1988).

As Permissions Counsel for an educational organization for the property-casualty insurance industry, I do all the permissions work for our many textbooks. We have published management theory materials, and I obtain permission from each and every source on management theory - just to play it safe. And I'm glad we do that. Only once have I run into a management theory-related piece that turned out to be in the public domain (an old, classic piece) - and everything else requires permission. I've even run into problems with some of the copyright owners hedging on granting permission - or charging substantial sums.

The bottom line: get the permissions for all the material you use. It's a long, time-consuming, at time frustrating process - but it makes you virtually litigation-proof if questions arise later.

Karen Porter
Copyright Counsel
Insurance Institute of America
<porterk[_at_]cpcuiia.org> Received on Wed May 14 1997 - 17:37:21 GMT