Writing a book chapter. Figure etiquette

Question

I am writing a book chapter in theoretical computer science. I would like to add figures based on figures previously published in relevant papers.

In the caption of each Figure I will cite the original source. Obviously, the figures that I will include are not the original ones but are made by myself.

However, since the figures are explaining abstract proof concepts there is not much freedom to make them really different from the originals apart from minor changes.

Am I still at risk of legal retaliation from publishers?

Answer 1

Disclaimer: I am not a lawyer and the following is just my opinion.

Copyright protects expressions but not ideas or concepts (https://www.copyright.gov/help/faq/faq-protect.html). If the figures are entirely made by yourself expressing the ideas of the original works, while the original sources are properly cited, I don't think you have anything to worry regarding copyright.

Also, in many countries, a design of simple words and/or simple geometry shapes are not qualified for copyright protection. See the Wikipedia article for Threshold of originality.

Answer 2

MIT has good advice on fair use of images.

Judges have tended to focus on two questions that collapse the four factors:

• Does the use transform the material, by using it for a different purpose?
• Was the amount taken appropriate to the new purpose?

To help support a fair use case for an image:

• Use lower resolution or thumbnail versions where possible;
• Place the image in a new context or use it for a new purpose; and
• Use only the parts of the image needed for the purpose