Using Copyrighted Works Do I need permission to use this? Slides produced by the Copyright Education & Consultation Program

Using Copyrighted

WorksDo 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?


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 Publisho Reproduceo Sello Displayo Performo and prepare derivative works

• This right lasts for a set amount of time (known as a copyright term)


Fair Use• Fair use is the limited access granted to

copyrighted material without the permission of the copyright holder.

o If your use of a material falls under fair use, you do not need permission to use it from the copyright holder

o There are four factors that govern how to implement fair use


4 Fair Use Factors1. 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cases than unpublished or fictional works.


4 Fair Use Factors3. 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.


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 fairo Find a different work to useo Run the risk of being taken to court for copyright

infringement (not a good option!)


Who do I contact?• The current copyright holder - this could be:

o The author or creatoro A publishing companyo A beneficiary of the creator or someone else

• For help, check:

o Author and publisher websiteso The US Copyright Officeo Collective Licensing Agencies (more about these later)


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


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)


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


What if my request is denied?

• Double check to see if your use is fair

• Replace the material with something you can legally use


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


Questions?


Resources• University of Minnesota’s Fair Use Decision Map:

o https://www.lib.umn.edu/sites/default/files/images/UseMapBig.png

• Copyright Education & Consultation Program’s Fair Use Checklist:

o http://blogs.cites.illinois.edu/library-copyright/fair-use/#cl

• Copyright Clearance Center

o http://www.copyright.com


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/getting-permission/


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


Documents

Using Copyrighted Works Do I need permission to use this? Slides produced by the Copyright Education & Consultation Program