Requesting Permission to use Copyright-Protected Works
 It
isn't always necessary to request permission from a copyright owner. Some materials cannot be protected. Others are no longer in copyright.
Copyright protection doesn't last forever. Also, some copyright owners use
Creative Commons licenses to spell out
uses they will allow. In other cases, fair use can be invoked. Although
Fair Use and the
Teach Act provisions allow students and faculty to use some copyright-protected
materials without asking the permission of the copyright holder or paying for
that right, there are a number of instances when seeking permission is simply
the best course of action. A few of those include
long-term use of materials placed on library reserve long-term use of materials in multimedia
creations, unless they (limited portions) are used in personal portfolios or for conference presentations development of course packs that have a clear effect on the market
Obtaining permission is a three-step process:
determine if the material is copyright protected (ineligible
for protection or out of copyright) locate the copyright owner write a permission letter specifying the specific amount, exact uses, and length of use for any materials requested
The third step is relatively easy. The library has a permission
form for placing student work in e-reserves. There are
model forms/letters for other faculty requests. If they do not match the uses sought, a
template is available to generate and then copy customize text departmental or personal letterhead.
It is very important to secure permissions in writing and to keep them on file.
Locating a copyright owner or owners can be challenging. Copyrights can change hands and
individual rights can be transferred to different people. A creator can retain
print rights and sell digital rights. Some formats frequently involve more than one copyright owner (e.g., photographs of art
works). Precisely because locating owners can be both time-consuming and unsuccessful, legislators continue to introduce
legislation to allow some uses of materials (orphan works) after making reasonable attempts to find copyright owners.
The bottom line is to be patient
Locating Copyright Owners & Owner Information
Examine the copyright notice carefully, as it identifies the copyright holder Contact the creator - (use Amazon, Google, or
Books in Print (on the library's web listing of available databases) Contact the publisher (Rights Department) Search Library of Congress
records or pay for a search Try author searches on the web or use
library databases with biographical information (death dates) Check genealogical and legal sources Contact archivists responsible for collections of specific
authors. The Society of American Archivists (SAA) issued "Orphan
Works: Statement of best practices," a 16-page report that provides what
professional archivists consider the best methods to use when attempting to
identify and locate copyright holders. Use an authors' society or a publication rights clearinghouse (see list below) Use the
Firms Out of Business Database for the names and addresses of copyright holders/contact persons for
out-of-business publications/publishers
There are numerous organizations managing rights for artists and
creators. A few follow. Additionally, two institutions
maintain extensive lists:
Copyright Licensing Organizations & Publications Rights Clearinghouses
REMINDER: The fact that permission can be obtained does not imply a
use is unfair. Effect on the market, while singularly important, is only one of
four factors to weigh in a fair use analysis.
|
