1. Obtaining Permission to use Copyrighted Materials Insert Date Insert Instructors’ Names / Titles The following slides are based on the work of the UCLA Library Scholarly Communications Steering Committee

2. Today’s Objectives  A reminder: When items are free to use  Get specific about the rights you want  Locating the Copyright Owner  Getting permission directly, or  Getting permission through a Collective Rights Organization

3. Disclaimer I am not an attorney, and cannot offer legal advice. The following information is presented to educate about copyright law and institutional policy in general terms. If you are unclear about your options when confronted with a specific legal issue related to copyright, you are urged to consult with an attorney with a background in copyright law.

4. Before seeking permission, remember: It’s free to use if…  You are the copyright owner  You have express permission, for example: oThe UCLA library licenses the material on your behalf oA Creative Commons license grants permission  You have an implied license oLinking to, and looking at, online materials  There is a specific statutory exception, such as: o§ 107: Fair Use Doctrine o§ 110: Exceptions for classroom teaching  The work is in the Public Domain

5. Exclusive Rights of the Copyright Holder (aka the “Bundle of Rights”) To sum up, the copyright holder retains authority to:  Make copies of the work  Make derivative works based on the original work  Distribute the work  Perform the work publicly  Display the work in a commercial setting The copyright owner may license some or all of these rights to others.

6. Getting Permission Step 1: Get Specific about the rights you want 1.Clarify exactly how, when, and where you hope to copy, distribute, perform and/or display the work. a)If a fee is expected, be as focused and narrow as possible b)If no fee is expected, you may wish to include anticipated future uses of the work, to avoid asking a second time.

7. Getting Permission Step 2: Identify the Copyright Holder 1.Look for a copyright notice on the work 2.Use any entity associated with the author to track down the copyright holder 3.Copyright holder might be:  Author (or multiple authors)  Publisher  (Multiple) Heir(s) or Assignee(s) 4.Remember: Ownership of the physical work does not mean ownership of copyright

8. Getting Permission Step 2: Identify the Copyright Holder The U.S. Copyright Office maintains a registry of copyrights that can help locate the owner: www.copyright.gov Note: Copyright need not be registered to be valid. If the copyright owner cannot be found, this does not mean you can copy without permission!

9. Getting Permission Step 3: Contact the Copyright Holder 1.Contact the Copyright Holder directly, However… 2.You may be referred to a Collective Rights Agency

10. Collective Rights Agencies What are they? Companies empowered by Copyright Holders to license specific (and usually simple) uses of the copyrighted material on their behalf. Such companies invariably charge a fee for permission.

11. Collective Rights Agencies For Books and Journals The Copyright Clearance Center (aka “The CCC”) http://www.copyright.com/

12. Collective Rights Agencies For music ASCAP http://www.ascap.com/ace/ (for blanket licenses to commercial sound recordings, and referrals to owners of specific works) Harry Fox Agency http://www.harryfox.com (to license words & music to perform/record)

13. Collective Rights Agencies For Artistic Images The Artists Rights Society http://www.arsny.com/index.html (A select number of visual artists)

14. Getting Permission If a collective rights agency does not apply, Step 3: Draft a permissions letter 1.Detail the planned use of the material clearly: what, when, where, why, who, how, and how much 2.Relate the specific uses to what portion of the Exclusive Rights will be affected

15. Getting Permission Step 3: Negotiate a Permissions agreement 1.Sometimes a fee is involved – and sometimes it’s ridiculous. 2.Sometimes it’s free

16. Getting Permission Step 4: Always get a written (and preferably signed) permissions agreement Verbal agreements can work, in theory, but become very problematic in front of a judge Step 5: Keep that written permission on file

17. Need Further Help? The UCLA Library can help with questions about obtaining permissions. email us: copyright@library.ucla.educopyright@library.ucla.edu

18. Questions? Thank You! Acknowledgements The preceding slides are based on the work of the UCLA Library Scholarly Communications Steering Committee Photo from flickr: http://www.flickr.com/photos/marcobellucci/3534516458/http://www.flickr.com/photos/marcobellucci/3534516458/