If you plan to use any copyrighted material for your own purposes, you need to get permission first from the owners of that work. If you don't, you could find yourself slapped with a lawsuit. Getting Permission tackles the permissions process head on. It shines the light on whom to ask for permission, as well as when -- and how much to expect -- to pay for permission. Comprehensive and easy to read, the book covers: the permissions process the public domain copyright research fair use academic permissions the elements of a license and merchandise agreement the use of a trademark or fictional character and much more Getting Permission includes agreements for acquiring authorization to use text, photographs, artwork and music. All agreements included as tear-outs and on CD-ROM. The 2nd edition of this essential book is completely updated to reflect the latest laws and court decisions. It also provides a new information and resources on sampling music, licensing trademarks and performing a musical or play.

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From the Indies to the Andes, what a mission. Stopping only now and then to do some fishing And he went without a copyright permission What a very daring thing to do. "From the Indies to the Andies in His Undies" by Lawrence Royal, Ernie Burnett, and William E. Faber © Rialto Music Publishing. These whimsical song lyrics, written more than 50 years ago, express a basic truth about copyright law: Using someone's creative work without permission can be a very daring thing to do. An unhappy copyright owner may sue you, seeking monetary damages, preventing you from publishing your work, or both. On the other hand, by simply obtaining permission, you gain lawsuit-free access to the work you need. This book is intended to reduce your risks by guiding you through the permissions process and explaining how to obtain the appropriate rights when using other people's creative work. Information is provided about locating copyright owners, asking for permission, assessing the conditions of the permission agreement, and avoiding potential disputes. This chapter offers an overview of the whole process, explaining the purpose and legal basis for permission, as well as the potential risks of operating without permission. It also serves as a guide to using this book. Permission: What Is It and Why Do I Need It? Obtaining copyright permission is the process of getting consent from a copyright owner to use the owner's creative material. Obtaining permission is often called "licensing"; when you have permission, you have a license to use the work. Permission is often (but not always) required because of intellectual property laws that protect creative works such as text, artwork, or music. (These laws are explained in more detail in the next section.) If you use a copyrighted work without the appropriate permission, you may be violating -- or "infringing" -- the owner's rights to that work. Infringing someone else's copyright may subject you to legal action. As if going to court weren't bad enough, you could be forced to stop using the work or pay money damages to the copyright owner. As noted above, permission is not always required. In some situations, you can reproduce a photograph, a song or text without a license. Generally, this will be true if the work has fallen into the public domain, or if your use qualifies as what's called a "fair use." Both of these legal concepts involve quite specific rules and are discussed more fully in subsequent chapters. In most cases, however, permission is required, so it's important to never assume that it's okay to use a work without permission. Many people operate illegally, either intentionally or through ignorance. They use other people's work and never seek consent. The problem with this approach -- besides its questionable ethics -- is that the more successful the project becomes, the more likely that a copyright owner will learn of the use. Therefore, if you want your project to become successful, unauthorized use becomes an obstacle. Some people avoid getting permission because they don't understand the permissions process or consider it too expensive. However, the process is not difficult and the fee for use of common text, photo, or artwork is commonly under $200 per use. In some cases, it's free. On the other hand, the legal fees for dealing with an unauthorized use lawsuit can easily cost ten to 50 times the average permission expense -- or more!

 

1 -- Introduction to the Permissions Process 2 -- Getting Permission to Use Text 3 -- Getting Permission to Use Photographs 4 -- Getting Permission to Use Artwork 5 -- Getting Permission to Use Music 6 -- Website Permissions 7 -- Academic and Educational Permissions 8 -- The Public Domain 9 -- Fair Use 10 -- Getting Permission to Use Trademarks 11 -- Art & Merchandise Licenses 12 -- Releases 13 -- Copyright Research 14 -- After Permission Is Granted 15 -- Assignments and Works Made for Hire 16 -- Help Beyond This Book

The book offers excellent advice and guidance for licensing content, transferring information and linking to other sites.

 

The book at the top of my recommendations is Getting Permission.... I have waited a long time for a book of this excellence, depth and breadth in rights and permissions. Stim has written an extraordinarily helpful book.

 

Rich Stim is a graduate of the University of San Francisco School of Law where he studied intellectual property law. He practices law in San Francisco, specializing in intellectual property and licensing and is an adjunct professor at San Francisco State University. He is the author of Music Law: How to Run Your Band's Business, License Your Invention and Getting Permission: How to License and Clear Copyrighted Materials Online & Off (all published by Nolo.com); as well as Intellectual Property: Patents, Trademarks & Copyrights (West).

 

Getting Permission by Richard Stim
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