If your intended use of copyrighted material does not qualify for an exemption such as fair use or Creative Commons, you must obtain permission from the copyright holder before using the material.
Step 1: Determine if Permission Is Needed
There are situations where permission is not required:
- Materials that are in the public domain (these works are no longer protected by copyright).
- Materials licensed under a Creative Commons license. Copyright holders who use Creative Commons licenses give advance permission for certain uses, provided the stated conditions are followed.
- Uses that qualify under one of the copyright exemptions (such as fair use).
If none of these situations apply, you will need to seek permission from the copyright holder.
Step 2: Identify the Copyright Holder
- Most published materials include a copyright notice that names the holder. For example, a book might state, “Copyright 2010, Wagner Publishing,” indicating you should contact Wagner Publishing for permission.
- Many online journals and books include a “Contact” or “Request Permission” link that guides you through the process.
- If the copyright owner is an individual, contact that person or their estate directly.
- If you cannot identify the owner, search the U.S. Copyright Office’s public catalog .
- The University of Michigan provides a helpful list of sources for identifying copyright holders .
Step 3: Request Permission in Writing
When requesting permission, include the following details:
- Author’s, editor’s, or translator’s full name(s)
- Title, edition, and volume number of the book or journal
- Copyright date
- ISBN for books or ISSN for magazines and journals
- Exact material to be used (amount or portion, with as much detail as possible)
- How the material will be used
- Whether the material will be sold
- Name and brief description of your organization
- Your contact information
Be prepared for the copyright holder to charge a fee for use of their material.
Step 4: Include a Statement of Permission Granted
- Acknowledge that you have permission to use the copyrighted material in your work.
- The copyright holder may specify how they would like the acknowledgement worded.
- Style guides such as APA, MLA, or Chicago often describe where these statements should appear in your work.
If Permission Is Denied or You Receive No Response
If you do not receive permission to use copyrighted materials, you have a few options:
- Find alternative materials, such as works in the public domain or under Creative Commons licenses.
- Use a smaller portion of the work or modify your use so that it qualifies as fair use.
If you use the material without permission, you risk legal action from the copyright holder. If you never hear back, treat it as a denial of permission.
