How to License Clear Copyrighted Materials
A copyright is a type of legal protection for published and unpublished writings, songs, art and other original works. You generally must obtain a license to use copyrighted works. A license is permission from the copyright holder. Using someone's copyrighted work without a license is called copyright infringement, and can result in a lawsuit. Fortunately, obtaining a license can be relatively straightforward.
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Instructions
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Know what you want. When requesting a license, you have to be clear on how you want to use the copyrighted work, how long you'll need to use it and where you'll need to use it. For instance, if you want to play an artist's song during your television commercial, you need to know information such as how long you plan to run the commercial, which states it's going to run in and whether you'll be using the song for any other commercials. You may have to negotiate to get the exact license you want.
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Figure out who has the power to give you a license. Only the person or legal entity who holds the copyright can give you permission to use it. Accordingly, identifying that person is crucial to obtaining a license. Note that more than one person may hold the copyright. Also note that some copyright holders join organizations that handle licensing requests on their behalf. The American Society of Composers, Authors and Publishers, called ASCAP, is one such organization.
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Check your wallet. The copyright holder may want you to pay him for the license. The license could be free or several thousands of dollars. Much of the price depends on how much you're likely to profit from the use. If you're a teacher using a copyrighted work for your classroom, for example, it might not cost you anything.
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Look for an exception. You may not need to obtain a license if your planned use of the copyrighted material falls under what's called the "fair use" exception. According to the United States Copyright Office, certain factors are considered when determining what constitutes fair use. One factor is the character and purpose of the use. For example, do you need to use it to sell a product or teach a class? Another factor is the nature of the work itself. Is it a business logo or a type of scientific work? A third factor is the quantity of the work you plan to use. Is it one or two pages from a novel or the entire book? Last, consider the effect your use would have on the work's market value. Even if the whole song is used for a college project, it may not only not affect future sales of the song -- it may even inspire a few new sales.
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Tips & Warnings
Consult an attorney if you're uncertain of whether you need permission to use copyrighted material or if you need assistance negotiating your license.
References
Resources
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