Copyright

Obtaining permission to use a copyrighted work can be a complex and sometimes intricate process. Rich Stim, through the Stanford Fair Use Project, offers an in-depth guide to navigating this journey, available through the link above. The key to successfully seeking permission lies in understanding the fundamentals: first, assess whether you truly need permission by determining if your use qualifies as fair or if the work is indeed protected by copyright. Once that’s established, it's crucial to know exactly what type of permission is required—whether it's a public performance license, a synchronization license, or another specific type of authorization. Being well-informed at every step is essential to ensuring you are in full compliance with copyright laws.

Contributions from Brandon Butler

1) Locate the Copyright Holder

Copyright is the legal protection granted to creators for their original works of authorship. Following the Copyright Notice is the first step in identifying the copyright holder.

• Why it matters: The Copyright Notice indicates that the work is protected under copyright law, and it may include information like the copyright holder’s name and the year of publication. This helps you determine who to contact for permissions.

• Berne Convention Impact: Since the U.S. became a member of the Berne Convention on March 19th, 1989, copyright protection automatically applies to works created or published after that date, even without the need for a formal notice. However, many copyright holders still include the notice because it provides legal benefits and helps avoid confusion about whether a work is protected.

  For example, a typical copyright notice looks like this:

  © 2023 John Doe. All Rights Reserved.
  

• What you need to do: For most modern works, you can often find the copyright holder by looking at the notice or checking resources like the publisher’s website or databases (e.g., the U.S. Copyright Office's database).

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2) Contact the Copyright Holder

           Once you've located the copyright holder, it's time to reach out to get permission. You can do this in a few ways:

A) Directly Contact the Copyright Holder

• If the copyright holder is an individual (like a freelance writer or artist), you may be able to contact them directly through email, their personal website, or social media.
• Tip: Be clear and concise in your request, outlining how you intend to use the work and what rights you're asking for (e.g., reproduction, distribution, etc.).

B) Publisher-Owned Permissions Division

• Many works are owned or managed by publishing companies or other entities. Publishers usually have a dedicated permissions department that handles licensing requests.
• You can typically find the publisher’s contact information on the copyright page of the book, article, or on their website.
• Tip: Be prepared to provide specifics about your request, such as which part of the work you want to use and how you plan to use it (e.g., in a book, presentation, or website).

C) Third-Party Licensing Company (e.g., Copyright Clearance Center or RightsLink)

• If you're unable to contact the copyright holder directly, or if you're dealing with works from large publishers, you might need to go through a licensing service like the Copyright Clearance Center (CCC) or RightsLink. These companies act as intermediaries, managing permissions on behalf of publishers, authors, and other content owners.

• Tip: These services may charge a fee for licensing, depending on the type of use and the work in question.

• Why Timing Matters: Be aware that obtaining permissions can take time, so it’s recommended to submit a request at least a month or two in advance. Many publishers, especially large ones, may need several weeks to process and respond to your request.

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3) Make Sure You Get it in Writing!

Once you’ve received permission to use the work, it’s critical that you keep a written record. This ensures that you have proof of authorization and protects you legally in case there’s a dispute about usage rights in the future.

• What you need to get in writing:
  • The specific rights you have been granted (e.g., for reproduction, public display, distribution, etc.)
  • The duration of the permission (e.g., one-time use, indefinite usage, or for a specific time period)
  • The geographic territory covered by the permission (e.g., worldwide, or specific countries)
  • Any restrictions on how the work can be used (e.g., for non-commercial purposes only).
• How to keep it safe:
  • Physical copy: You can keep a signed contract or letter from the copyright holder as a physical document.
  • Electronic copy: Save a digital version of the signed agreement (PDF, for example) in a secure folder.
  • Tip: Also store the original work you’ve been granted permission to use in the same location, as proof of the material covered by the agreement.