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Copyright and Intellectual Property

How to Obtain Permission for Copyright Use

Getting permission for use of a copyright, also known as licensing, can be a confusing process. But following a copyright workflow can help make things simpler. 

Good things to know:

  • The copyright owner is not granting you a copyright - only permissions to use it. 
  • Even if it is not legally required to obtain permissions, it can be a good idea to do so. This can help you lower your risk of copyright disputes. 

The workflow:

  • Does the material have a license?
    • Yes - you can use the material according to the license terms 
    • No - Move to next question
  • If there is no license, is there any copyright at all?
    • No - You can use it freely
    • Yes - Move to next question
  • If there is no license on the material but there IS copyright protection - does fair use apply?
    • Yes - Check to make sure fair use applies, document your analysis, and then you can use the material.
    • No - Move to next question
  • If material is not licensed, does have copyright, BUT you do not have access via fair use:
    • You will need to request permission from the copyright holder. 

What is the best way to ask for permission to use a copyrighted work?

After you establish if you need permission:

  • Identify the copyright owner.
    • The author of the work is usually the 1st place to start, but authors have a right to sell their copyright. 
    • If you cannot determine an individual author - check for the publisher. Often times, the publisher is the holder of the copyright. 
    • If you are struggling to determine the holder of the copyright: check with a librarian, or reach out to anyone who may be the holder. They may be able to direct you to the correct contact. 
  • Once you establish the Copyright Holder - Ask for Permission 
    • Determine what types of permissions you are asking for. 
    • Be clear about: how you intend to use the work, do your best to state all of the rights you anticipate needing, and try to have a backup plan incase you don't know what format the work will be used. 
    • Include information such as: Noncommercial use, educational use, etc. This will encourage holders to grant you permissions. 
  • Document your requests
    • Keep a record of all of your correspondence, licensing agreements, and other permissions paperwork. 
    • Try to get the permissions request in writing, but this is not required. 
      • If you cannot get permissions in writing: Document the conversation. You may also want to send the copyright holder a letter of confirmation that confirms the details that you agreed upon. 
  • You may not ever hear back from the copyright owner or even be able to identify them. What should you do if this is the case?

Licensing Agencies allow people to buy licenses without ever having to contact the copyright holder. Please see the links below: