Obtaining Permission to use Copyrighted Materials

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The following slides are based on the work of the UCLA Library Scholarly Communications Steering Committee

Today’s Objectives A reminder: When items are free to use Get specific about the rights you want Locating the Copyright Owner Getting permission directly, or Getting permission through a Collective

Rights Organization

Disclaimer

I am not an attorney, and cannot offer legal advice.

The following information is presented to educate about copyright law and institutional policy in general terms. If you are unclear about your

options when confronted with a specific legal issue related to copyright, you are urged to consult with an attorney with a background in copyright law.

Before seeking permission, remember: It’s free to use if…

You are the copyright owner You have express permission, for example:

o The UCLA library licenses the material on your behalfo A Creative Commons license grants permission

You have an implied licenseo Linking to, and looking at, online materials

There is a specific statutory exception, such as:o § 107: Fair Use Doctrineo § 110: Exceptions for classroom teaching

The work is in the Public Domain

Exclusive Rights of the Copyright Holder(aka the “Bundle of Rights”)

To sum up, the copyright holder retains authority to: Make copies of the work Make derivative works based on the original work Distribute the work Perform the work publicly Display the work in a commercial setting

The copyright owner may license some or all of these rights to others.

Getting Permission

Step 1: Get Specific about the rights you want

1. Clarify exactly how, when, and where you hope to copy, distribute, perform and/or display the work.

a) If a fee is expected, be as focused and narrow as possible

b) If no fee is expected, you may wish to include anticipated future uses of the work, to avoid asking a second time.

Getting PermissionStep 2: Identify the Copyright Holder

1. Look for a copyright notice on the work

2. Use any entity associated with the author to track down the copyright holder

3. Copyright holder might be: Author (or multiple authors) Publisher (Multiple) Heir(s) or Assignee(s)

4. Remember: Ownership of the physical work does not mean ownership of copyright

Getting PermissionStep 2: Identify the Copyright Holder

The U.S. Copyright Office maintains a registry of copyrights that can help locate the owner:

www.copyright.gov

Note: Copyright need not be registered to be valid.

If the copyright owner cannot be found,

this does not mean you can copy without permission!

Getting PermissionStep 3: Contact the Copyright Holder

1. Contact the Copyright Holder directly, However…

2. You may be referred to a Collective Rights Agency

Collective Rights Agencies

What are they?Companies empowered by Copyright Holders to license specific (and usually simple) uses of the copyrighted material

on their behalf.

Such companies invariably charge a fee for permission.

Collective Rights Agencies

For Books and Journals

The Copyright Clearance Center(aka “The CCC”)

http://www.copyright.com/

Collective Rights AgenciesFor music

ASCAPhttp://www.ascap.com/ace/

(for blanket licenses to commercial sound recordings, and referrals to owners of specific

works)

Harry Fox Agencyhttp://www.harryfox.com

(to license words & music to perform/record)

Collective Rights Agencies

For Artistic Images

The Artists Rights Societyhttp://www.arsny.com/index.html(A select number of visual artists)

Getting PermissionIf a collective rights agency does not apply,

Step 3: Draft a permissions letter

1. Detail the planned use of the material clearly: what, when, where, why, who, how, and how much

2. Relate the specific uses to what portion of the Exclusive Rights will be affected

Getting PermissionStep 3: Negotiate a Permissions

agreement

1. Sometimes a fee is involved – and sometimes it’s ridiculous.

2. Sometimes it’s free

Getting PermissionStep 4: Always get a written

(and preferably signed) permissions agreement

Verbal agreements can work, in theory, but become very problematic in front of a judge

Step 5: Keep that written permission on file

Need Further Help?

The UCLA Library can help with questions about obtaining permissions.

email us: copyright@library.ucla.edu

Questions?

Thank You!

AcknowledgementsThe preceding slides are based on the work of the

UCLA Library Scholarly Communications Steering Committee

Photo from flickr: http://www.flickr.com/photos/marcobellucci/3534516458/