Copyright Permissions Guide

1. Does the proposed use require permission from the copyright holder?


First Question: Is the work subject to copyright? Is it-

  • An original work of authorship
     
  • Fixed in a tangible medium of expression
     
  • Not a "idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless
    of the form in which it is described, explained, illustrated, or embodied" in a copyrighted work
     
  • Not a work produced by a U.S. government employee in the scope of employment
     
  • Not a work the author has expressly made available for unrestricted copying, distribution, etc.
    effectively dedicated to the public domain
     
  • And copyright has not expired


    Second Question: Is there a legal basis for use without permission?

  • Is it a fair use? See "Fair Use Considerations Worksheet"
    To enhance the fair use argument: especially for courses and web-based teaching materials: Use excerpts that are short and qualitatively insubstantial Limit access to students enrolled in the course; end access after course Do not use the material repeatedly for a course Include the copyright notice and appropriate attributions Best to obtain permission if easy to do so (cost and timing perspective)
     
  • Is it a performance and/or display of a work in face-to-face teaching setting?
     
  • Is it a transmission of a performance and/or display of limited works to a classroom setting for
    teaching purposes? See "Educational Transmissions of Copyrighted Works"


2. Obtaining permission to use copyrighted works

  • Identify the copyright holder
    • Best to confirm by phone or email before seeking permission
       
  • Send written request for permission to use
    • Give yourself several weeks lead time
       
    • Decide if you can pay a licensing fee/royalty
       
  • If license fee is too much or there is no response, be prepared to use a limited amount that qualifies for fair use, or use alternative material
     
  • Obtain legal review / contract review for any license agreements other than the BBC&S permissions form.