Navigating Copyright Permissions: A Practical Guide
So, you found the perfect piece for your project, but you think it might be copyrighted…what do you do now? When you want to use copyrighted materials, knowing when and how to seek permission is crucial. While not every use of a copyrighted work requires permission, the federal copyright law grants owners of copyrighted works certain exclusive rights. Understanding these rights and the limitations defined in §§107-122 of the Copyright Law can help you decipher when to ask for permission.
Understanding Copyright Limitations
Several myths concerning copyright law have been debunked, but it is still a complex area of law. Copyright owners have exclusive rights to reproduce, distribute, adapt, publicly display, and perform their works as they see fit. Fair Use, a judge-made legal doctrine, limits this right by allowing certain unauthorized uses of materials without infringement. It’s essential to evaluate whether your intended use falls under these limitations. The Copyright Office offers a user-friendly Fair Use Index that is continually updated with judicial decisions on what is determined fair and not fair uses of works.
Step 1: Research Copyright Status
If you conclude that permission is needed for the unlicensed use of a copyright use, a helpful first step is to research the copyright status of the work:
- Check the Copyright Notice: Look for a copyright notice on the work, which often identifies the copyright owner. Sometimes, a creator’s employer or someone who commissions the work is considered the author, which makes the work a work made for hire that follows slightly different copyright rules. Overall, works published on or after March 1, 1989, are not required to have a copyright notice. This absence does not necessarily mean the work is free to use, which means you may need to conduct further research to determine the copyright status.
- Identify the Current Copyright Owner: Sometimes, copyright ownership changes over time. The original owner listed in the copyright notice may not be the current owner. Ensure that you contact the current copyright owner to get their permission before use.
- Investigate Embedded Material: Some works include material originally published elsewhere. Check for credits or acknowledgments to identify if different parts of the work have different owners.
- Consult Copyright Office Records: If a work does not have a copyright notice or you cannot locate the owner, you can request that the Copyright Office shares their records with you. You can also research the Copyright Office’s records yourself; Post-1977 records are available online, while pre-1978 records can be accessed through a manual search of various archives. The Copyright Office charges a baseline of $400 for two hours spent locating information involving copyright registrations, transfers, renewals, and other documentation of copyright status.
For detailed guidance on investigating copyright status, see Circular 22 on the Copyright Office’s website.
Step 2: Contact the Copyright Owner
Once you’ve identified the copyright owner, the next step is to request permission. following is a template for what you should include in your request:
- Full names of any Authors, Editors or Translators: Clearly identify all contributors.
- The Title and Work Details: Include specifics such as the edition or volume number.
- The Exact Material to Be Used: Specify the portion of the work you intend to use. If multiple, list each one.
- The Copyright Date: Provide the copyright date to help identify the correct version.
- Your Intended Use: Explain how you plan to use the material.
- Your Audience: Describe who your audience will be and who will have access to the material.
- Whether your use is Commercial: Indicate if the material will be sold, and if so, for how much.
- Organization Details: Indicate what type of entity you are; non-profit, or for-profit entity?
- Your Contact Information: Provide your name and contact information for how you can be reached.
It’s helpful to request use far in advance of when you plan to use the material. The first person you contact might not have the rights and may need to refer you to someone else. Publishers often have a rights and permissions department that can help, and many offer free or minimal-cost permissions for noncommercial use.
Conclusion
Securing permission from the copyright owner is a secure way to avoid infringement. Start by researching the copyright status and contacting the right person or department with all necessary details. For further information, visit the Copyright Office’s website.
Photo by Umberto on Unsplash
