Permission is often required when creating course materials, research papers, or other projects. You need to get permission when you use a work in a way that infringes on the exclusive rights granted to a copyright holder, i.e., reproducing part or all of a copyrighted work outside the boundaries of acceptable fair use. The following is a step-by-step guide to help you in planning strategies to obtain permission to use copyrighted works for educational purposes.
Step 1: Determine if permission is needed for the work you want to use.
a) Is the material protected under copyright law? Remember some items (those in the public domain) are not protected by copyright, and may be used without permission from the copyright holder or payment of royalties. Knowing when a work was published or if legal requirements were met is helpful in determining if a work can be used without permission.
b) Does the use fall outside the limits of fair use? After analyzing your specific situation by applying the four factors of fair use and concluding that your use is not fair use, you must obtain permission from the copyright owner. Common examples that require written permission from the copyright owner include:
- copying for commercial use,
- unpublished works,
- some specialized works such as illustrations
- consumable materials, such as workbooks or standardized tests.
Assuming the work is copyright protected and your use does not meet fair use criteria, the next step is to identify the copyright owner.
Step 2: Identify the copyright holder or agent.
For print publications, generally the publisher is the owner of the copyrights and can grant permission for your use. Many publishers also have online copyright permission pages that can be used for this purpose. If the publisher is not the copyright owner, they can probably direct you to the copyright owner.
Depending on the workin question, permission may be required from more than one source. For example, if you wish to use a photo from a journal, the publisher may own the copyright for the photo but if the subject of the photo is a well known person, you may also need to obtain permission from the individual in the photo and the photographer.
For more information on locating copyright holders and services and agencies that grant permissions,
Step 3: Send written request for permission to use. Remember to give yourself ample lead time, as the process for obtaining permissions can take months. Decide if you are willing to pay a licensing fee/royalty.
Your letter should include the exact material to be used, including title, author, and page numbers. Including a photocopy of the material is a good idea. Include the number of copies you wish to make, and the exact nature of the use, including how many times or how often the material will be used, the form of distribution, and whether the material will be sold.
Step 4: If the copyright holder can't be located or is unresponsive (or if you are unwilling to pay a license fee), be prepared to use a limited amount that qualifies for fair use, or use alternative material.
Step 5: Consult others as needed.
From:
http://copyright.universityofcalifornia.edu/permission.html
These sample letters should be reviewed and modified to fit the specifics of your request. Your letter should provide complete and accurate information and include a self-addressed stamped envelope to expedite the permission process.