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Copyright

This guide introduces the fundamentals of copyright for the purposes of teaching, writing, and publishing.

Obtaining Permission

If you would like to use a copyrighted work, you will need to obtain permission or a license from the copyright owner.  The process should follow these general steps.

  1. Determine if permission is needed.
  2. Identify the owner.
  3. Identify the rights needed.
  4. Contact the owner and negotiate whether payment is required.
  5. Get your permission agreement in writing.

Determine if permission is needed

The first step is to determine if you need permission to reuse copyrighted material.  You will need to assess if the material is protected under the law and if your use will violate the law.

Failure of not getting permission where required may result in legal action by the copyright holder.

Works not protected by copyright laws or in the public domain do not need permission for reuse.  Your use may fall under exceptions such as Fair Use or the classroom teaching exception, which would allow you to reuse the work without gaining permission.

Identify the owner

This step is often simple, as you can locate the rights owner by looking for the copyright notice.

  • Books have this information in the very beginning, typically before the table of contents.  An example:

     

  • Music, film, and art may involve multiple owners, each with a separate right to the work.  You may need to get permission from the artist themselves, the record company, the music publisher, or an estate.
    The WATCH Database contains contacts for writers, artists, and prominent people in creative fields. 

  • Search the Public Copyright Catalog (1978 to present) to locate the copyright owner

  • Stanford's Copyright Renewal Database covers 1923 - 1963

Identify the rights you need

You must specify your intended use, such as using an image in a new publication or displaying an image in a PowerPoint presentation.  You will also need to determine the length of time you are allowed to use the material, where you plan on reusing the material, and how you plan to distribute the material.

Contact the owner and negotiate whether payment is required

This step could be a simple email asking for permission or involve purchasing copyright permissions.  Copyright permissions can generally be purchased through the Copyright Clearance Center.

Copyright Clearance Center (CCC) is a U.S. company that provides collective copyright licensing services for corporate and academic users of copyrighted materials. At copyright.com you can search for and obtain permission to use and share content from the world’s leading titles in science, technology, medicine, humanities, news, business, finance, and more.

The ATSU Memorial Library has an account with the Copyright Clearance Center.  Please contact us (libaz@atsu.edu or libmo@atsu.edu) if you would like assistance with this resource.

Get your permission agreement in writing

To avoid future misunderstandings, make sure all copyright agreements are in writing.

Adapted from Stim, R. (2020).  The Basics of Getting Permission. Copyright & Fair Use. https://fairuse.stanford.edu/overview/introduction/getting-permission/