Using
Copyrighted
Works
Do I need permission to use this?
Slides produced by the Copyright Education & Consultation Program
Guiding Questions
•
What is copyright?
•
What is fair use and what are the four factors
of fair use?
•
So is my use fair?
•
How do I get permission?
o
What if my use is denied or I get no answer?
•
What if I can’t find someone to contact?
•
How is licensing related?
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What is copyright?
• U.S. Copyright law is what grants the creator (author,
artist, composer, etc.) the exclusive right over his or
her creation to:
o
o
o
o
o
o
Publish
Reproduce
Sell
Display
Perform
and prepare derivative works
• This right lasts for a set amount of time (known as a
copyright term)
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Fair Use
• Fair use is the limited access granted to
copyrighted material without the permission of
the copyright holder.
o
o
If your use of a material falls under fair use, you do
not need permission to use it from the copyright
holder
There are four factors that govern how to
implement fair use
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4 Fair Use Factors
1. What is the character or purpose of the use?
Educational use is more likely to fall within the range of fair use. If
a profit is going to be made from the use, it is almost never fair
use.
2. What is the nature of the material being used?
Published and factual are more likely to be considered fair use
cases than unpublished or fictional works.
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4 Fair Use Factors
3. How much of the work will be used?
Reproduction of the entire work is rarely considered fair
use. The use of a small, relevant portion is much safer.
4. What effect will this use have on the market for
the original material?
If your use stands in the way of potential sales for the
creator or the work is easily available for a reasonable
price, your use is likely not fair.
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Getting Permission
•
If your use of a work is not fair, you must get
permission to use that work
•
Your only other options are to:
o Trim your use so that it is fair
o Find a different work to use
o Run the risk of being taken to court for copyright
infringement (not a good option!)
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Who do I contact?
• The current copyright holder - this could be:
o The author or creator
o A publishing company
o A beneficiary of the creator or someone else
• For help, check:
o Author and publisher websites
o The US Copyright Office
o Collective Licensing Agencies (more about these later)
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How should I make contact?
• **Be sure to keep copies of all correspondences for
your own records!**
• Write a letter to the copyright holder
• If the owner is a publishing company there may be a
form on the company’s website that allows you to
formally request permission
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What should I say?
• What portion of the material you will be using
• How you will be using the material
• The frequency of your use
• What you will be getting out of the use (e.g. money,
prestige)
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What happens if I get no
response?
• No response from the copyright holder does not
grant you permission to use a work!
• Consider using an alternative work or paring down
your intended use of the work
o An author may be more willing to consider and respond to
a request for a more limited use of their materials
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What if my request is
denied?
• Double check to see if your use is fair
• Replace the material with something you can legally
use
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What if I cannot find a
copyright holder?
• Works for which the copyright holder cannot be
found are called orphan works
o Currently, you still need permission to use these works
• Double check to see if your use is fair
• Replace the material with something you can legally
use
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Questions?
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Resources
• University of Minnesota’s Fair Use Decision Map:
o https://www.lib.umn.edu/sites/default/files/images/U
seMapBig.png
• Copyright Education & Consultation Program’s Fair
Use Checklist:
o http://blogs.cites.illinois.edu/library-copyright/fairuse/#cl
• Copyright Clearance Center
o http://www.copyright.com
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Resources
• U.S. Copyright Office search for registered
documents (from after 1978)
o http://www.copyright.gov/records/
• Copyright Education & Consultation Page on
getting permission
o http://blogs.cites.illinois.edu/library-copyright/gettingpermission/
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More Info …
The Copyright Education & Consultation Program is
funded by a Library and Technical Services Grant
Administered by the Illinois State Library
Please visit our website at http://go.illinois.edu/copyright
Slides produced by the Copyright Education & Consultation Program