How Do You Get Permission for a Copyright?
Legally, you must get permission from the copyright holder of any piece of creative work (such as a photograph, lyrics, movie and many other things) before using it in any way. Copyright is automatic, meaning that practically every piece of media you see is copyrighted. You can obtain permission in a variety of ways, some automatic, like a license to use software when you buy it, and some complicated and time-consuming, like getting a commercial license to put on a theatrical production.
-
Copyright
-
Copyright protects cultural works, such as visual works (paintings, sculptures, architecture), written works (books, plays, software), sound recordings, dramatic and cinematographic works. Copyright is designed to protect cultural expression as property so as to provide a financial incentive for people to create. A copyright gives the holder the exclusive right to copy, use, reproduce, adapt, promote, perform, display, distribute or translate the work.
Consumer Licenses
-
Software, CDs, DVDs, MP3s and many other types of media come with automatic licenses. Some of these are statements, whereas others are contracts that consumers sign before using the product (that's what the box with all the legalese that appears when you install new software is). If you purchased media from a legitimate source, you do not need permission to use the media privately and recreationally.
-
Asking
-
If you want to use copyrighted material for anything else (producing a play, putting an image or song in your documentary, translating a book, even playing a CD at a commercial establishment such as a cafe or restaurant), you need permission. The easiest way to get permission is to ask the holder. If the holder is an independent artist, call, send a letter or email outlining how you plan to use the material. Often, the name of the holder is stated on the media in a copyright notice, the Copyright Office also keeps a partial database of copyright holders. Many individuals give permission for noncommercial use that credits their work.
Commercial Licenses
-
If the holder is a record label, production company or other business -- or if you plan to use the work for commercial purposes -- try to ask for free use first, but expect to get a commercial license. Licenses are legal agreements that outline exactly who can use the work, in what way, where and for how long. Most companies have paperwork already prepared that license seekers simply sign, though some may ask you to talk to an attorney. Expect to pay for a commercial license (the amount depends greatly on what you are asking to use and what you plan to do with it).
-
References
- Photo Credit Jupiterimages/Photos.com/Getty Images