How to Get Permission to Use Copyrighted Material

By eHow Legal Editor

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Protect yourself as a writer. Prevent your getting smacked with a lawsuit for "borrowing" copyrighted materials.

Instructions

Difficulty: Moderately challenging

Things You’ll Need:

Step1
Determine if you need permission to quote a copyrighted source. One short sentence from certain print material, for instance, may not require your getting written permission. Ask a professional - your editor, publisher, lawyer or public library reference librarian - if you need permission to quote the particular source.
Step2
Contact the publisher of the material you wish to use. Ask for the address or phone number of the publisher's "Permissions Department." Some publishers will send you a required permission form to fill out. Other publishing houses may ask for your request in a letter.
Step3
Start the process of securing permission long before your publication date. Some publishers take months to respond to permission requests.
Step4
Fill out the request form or write your request letter. Be clear, concise and thorough. Generally speaking, your permission request letter should include title, volume and issue number, author and/or editor, and edition of the proposed source; the exact material to be used, including page numbers, chapters, edition, copyright date (include a photocopy of what you want to use if possible); the number of copies to be made - ie, how many of your books will be sold; the dates of usage - ie, publication date of your book or article; the form of distribution - ie, classroom, newsletter, trade book, commercial, or magazine article; and whether or not the material is to be sold.
Step5
Give the author and publisher credit in your book or article's source notes whenever possible, even if you don't need written permission.

Tips & Warnings

  • If you need permission to quote a song lyric, find out who owns the rights to the song and contact the author or record company.
  • Many larger publishers post their copyright permission request forms on their Internet home page.
  • If you need permission to quote a non-print source, such as a piece of art, contact the artist or art dealer - whoever owns the copyright to the work.
  • Don't be surprised if you are charged a hefty fee to use copyrighted material. While some people will let you quote their work for free, other folks are not as generous.
  • Don't assume that you can use the work of a lesser-known author or obscure or older works without permission. A copyright is a copyright.
  • Note that different laws apply to use of Internet sources.

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eHow Article: How to Get Permission to Use Copyrighted Material

eHow Legal Editor

eHow Legal Editor

Category: Legal

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