Copyright and Intellectual Property

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?
  • Try to find an alternative if possible. 
  • Follow this link for Columbia University's Copyright Advisory Office - they have put together a list of potential solutions to help you get access to a work. 

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